RAYMOND FORTUN, L.l.B '88

Raymond's posts with tag: conviction

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Blog EntryA Show Trial (sic)Sep 13, '07 9:27 PM
for everyone
This is not a rant by a paid mouthpiece.

Unknown to many, i had resigned from the Estrada defense team as early as July 2006 due to internal dissension among the lawyers of President Estrada. In fairness, Erap had asked me to stay on but i refused, saying that my effectiveness as his counsel would be rendered inutile if certain NPA’s (non-performing assets) would continue to represent him.

If i were to pinpoint one flaw in President Estrada’s character, it is his unflinching loyalty to his friends -- even if they would bring his downfall.

Despite being out of the defense team, i accepted the invite of ABSCN to be an in-studio guest during the promulgation. I anticipated Erap’s acquittal for perjury. I did not anticipate his conviction for plunder. If at all, the prosecution had evidence sufficient to convict for 1 count of graft. But that’s just me.

Erap’s defense team had divided the responsibility among themselves in defending him from the different charges. I was in-charge of presenting Erap’s defense in respect of the alleged receipt of Php130Million in R.A. 7171 tobacco excise tax funds. For the record, the Sandiganbayan convicted Erap on the jueteng and the Belle Corp. commission charges; re: the excise tax charge, the Court called the prosecution evidence “farfetched” and “incredible”. Ahem.

Pro-Gloria hacks call the decision a “show trial” to prove that justice exists in this country and that the mighty and powerful can be convicted.

Wrong. Only those on the wrong side of the fence get convicted. Those in the “circle of trust” of the powers in Malacanang remain uncharged and untouchable. One can speak of justice really existing in this country if the full force of the law can be brought to bear against all violators of the law, regardless of their political affiliation.

It would be easy for the public to forgive Erap, for his perceived sins are not too great. He never touched government funds that are generated by the taxes we pay. He never dispersed rallies against him, and nobody ever got hurt in the exercise of their freedom of speech. There were no extrajudicial killings nor disappearances of journalists and activists during his time. No anomalies in government contracts -- no Diosdado Macapagal boulevard that was overpriced by Php600Million; no fertilizer fund scam; no PIATCO; no computerization scam; no Garci, Doble and Bedol; no Northrail scam; no ZTE broadband scam. GMA may have to do a Marcos, because the people will not be as merciful as they are with Erap.

In time, i hope that people would remember how badly Erap was treated by this regime. Contrary to the pro-GMA hacks’ pronouncements, Erap’s conviction will not stain his good name. You see, Ninoy Aquino was also convicted during martial law. He was a returning hero on 21st August 1983 -- and attained martyrdom by his death.

If there is one thing that i will remember Erap by, it is that one mid-afternoon in 2002 at Veterans Medical Center. We were served ‘taho’ by the yaya’s. Before i could move, he picked up the ladle, and started scooping ‘taho’ into my bowl. When i protested, he said, “Hinde attorney, hawak ko na. Pero kayo na maglagay ng arnibal, di ko alam kung gaano ka-tamis ang gusto nyo.” In my golden years, i will never fail to tell my grandchildren the story of how the constitutional President of our country showed humility in the midst of oppression.



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