Senate defers Trillanes subpoena

The Senate impeachment court on Tuesday deferred issuing a subpoena to former Senator Antonio Trillanes IV, saying the prosecutors should first present the witness from the Anti-Money Laundering Council (AMLC) or the relevant bank records to establish the basis for Trillanes’ expected testimony.

The issue arose after House prosecutor Rep. Terry Ridon moved on Tuesday to present Trillanes as an additional prosecution witness following the conclusion of Davao City Mayor Sebastian “Baste” Duterte’s testimony.

Defense lawyer Sheila Sison objected, saying the prosecution had changed its witness sequence with less than 24 hours’ notice.

“In fact, in the list of the three witnesses that they disclosed yesterday, it does not include the name of the former Senator Trillanes,” Sison told the court.

Sison said the defense needed adequate notice of the prosecution’s order of witnesses to prepare for their cross-examination. She eventually withdrew the objection but asked that the defense’s concern over the late change remain on record.

“If the prosecution wants to present the former Senator Trillanes tomorrow, then we’ll be ready,” Sison said.

‘The cart cannot be put ahead of the horse’

Presiding Officer Sen. Francis “Chiz” Escudero, however, declined to issue the subpoena at this stage, citing the prosecution’s motion seeking its issuance.

Escudero noted that the motion said Trillanes would testify on funds and bank accounts allegedly connected to Vice President Sara Duterte, but no such bank accounts had yet been presented before the impeachment court.

“My understanding is, if at all, he will be presented or should be presented after the AMLC at the very least or after any of the bank accounts shall have been presented,” Escudero said.

“The cart cannot be put ahead of the horse,” he said, advising the prosecutors to first present the AMLC officer, bank officials, or the relevant bank records.

The court, nonetheless, clarified that its decision not to issue the subpoena would not prevent the prosecution from calling Trillanes as a voluntary witness.

“The court shall not at this time issue the subpoena to former senator Trillanes. However, nothing prevents the prosecution from calling him as a voluntary witness,” Escudero said.

Ridon told the court the prosecution wanted to present the bank records at the earliest opportunity, but the issue of their admission had been resolved only on Tuesday.

He said the prosecution could request subpoenas for the banks for Friday.

Escudero said that if the prosecutors proceeded with Trillanes before the previously planned witnesses, the court would give the defense sufficient time to prepare for their cross-examination and he could entertain a motion to defer the cross-examination.

Prosecution’s prerogative

After the proceedings, defense spokesperson Michael Poa explained why the defense withdrew its objection despite its concerns over the late change in the witness sequence.

Poa said determining how the prosecution presents its witnesses is ultimately within the prosecution’s prerogative.

“It’s the prosecution’s prerogative how they will present their witnesses,” Poa told reporters in FIlipino.

He said the defense was also assured it could seek additional time to prepare for their cross-examination if the prosecutors made late changes. The defense could ask the court to defer the cross-examination if it received late notice of the witness order, he added.

“So we don’t have to fight over that issue, we just withdraw our objection,” Poa said.