Defense team says no ‘smoking gun’ vs Sara Duterte

Following a decisive vote in the House of Representatives, the legal team for Vice President Sara Duterte announced Tuesday that they will challenge the admissibility of evidence and the credibility of witnesses as her second impeachment trial moves to the Senate.

Michael Poa, a legal counsel for the Vice President, asserted that the defense has yet to see any "smoking gun" that would directly implicate Duterte in the allegations brought against her.

“I can definitely say wala. Although there is a need to explain all pieces of evidence that came out there,” Poa stated.

Poa argued that several documents and testimonies only surfaced after the defense had already filed its formal answer to the initial impeachment complaints. 

“We always maintain our position na wala man lang naka-attach na ebidensya dun sa kanilang mga complaints,” Poa said, questioning the manner in which materials were introduced into the record.

Specific pieces of evidence flagged for challenge include reports from the Anti-Money Laundering Council (AMLC) and the testimony of witness Ramil Madriaga. 

Poa likewise described Madriaga’s supplemental affidavit as "inconsistent with earlier submissions".

The move to the Senate comes after the House of Representatives voted 257 on Monday to transmit the articles of impeachment. This marks the second time Duterte has been impeached by the chamber.

Central to the prosecution's case are allegations of unexplained wealth, a charge the defense claims remains unproven. 

“And kami naman, we are of the position and we know for a fact na ma-eexplain lahat ng mga bagay na yan,” Poa said.

The Vice President’s camp expressed a preference for the Senate proceedings, characterizing it as a more balanced forum compared to the House hearings, which Poa described as "inquisitorial" in nature. 

The defense plans to use the Senate trial to invoke evidentiary rules and conduct rigorous cross-examinations. 

“At least dito meron tayong chance to test the credibility of the witnesses, to test the evidence, to test admissibility for example,” Poa said.

“We're ready to question certain things before the Senate. And we're ready to defend the Vice President,” he added.