House private prosecutor Atty. Benjamin Tolosa Jr. said Atty. Erwin Matib will try to attend the impeachment trial Thursday afternoon to personally conduct the direct examination of a Bureau of Internal Revenue (BIR) witness regarding Vice President Sara Duterte’s tax records.
The impeachment trial was suspended Thursday morning after Matib failed to appear due to an illness.
Tolosa said Matib intends to attend the afternoon session despite his condition to ensure the prosecution can properly present the BIR witness.
“Pinipilit ni Atty. Matib na makapunta ngayong hapon, regardless doon sa naging karamdaman niya para maituloy pa rin at hindi masayang 'yung araw na 'yun," Tolosa said.
“Kung hindi siya makakapunta, as committed by Cong. Terry Ridon awhile ago, tomorrow someone will take his place. But for today, gusto natin pipilitin ni Atty. Matib na umupo,” he said.
He said the prosecution could not simply replace Matib at the last minute because the BIR witness is considered important to the case and requires careful preparation.
“Hindi naman tayo pwedeng maging reckless diyan na kahit sino na lang today papalitan siya kahit hindi nagkaroon ng mahabang oras para ipresenta ng mabuti dahil ayaw naman natin sayangin yung pagkakataon na mapresenta nang wasto at tama itong importanteng witness na BIR representatives na ito,” he added.
Tolosa said that if Matib ultimately fails to attend Thursday’s afternoon session, the prosecution will assign another lawyer to handle the witness presentation on Friday.
He also denied the defense’s claim that the prosecution made a sudden change in its lineup of witnesses.
According to Tolosa, the defense had already been informed last week that two witnesses were scheduled to testify from Thursday through Friday.
“Simula last week aware na ang defense na itong dalawang testigo ay nakaschedule na nakasalang today hanggang bukas,” Tolosa said.
“Hindi tama na papalabasin dito na naging surprise witness ito, hindi sila nabigyan ng abiso at nagkakagulatan. Matagal na nilang alam ito,” he added.
Tolosa stressed that the prosecution must carefully prepare for the presentation of the BIR witness to ensure that important information relevant to the impeachment case is properly examined.
“Hindi ganun kadali on the spot na ibang abogado ang mag-prepare dahil masusing pag-aaral at paghahanda ang ginawa ni Atty. Matib diyan because he would testifying on very technical matters itong mga BIR documents na ito” he said.
Tolosa said the prosecution team trusts Matib’s commitment to attend the afternoon session despite his condition, “Kung sinabi naman ni Atty. Matib he will do his best, we trust, of course. If he commits that he can do it, then he'll be able to do that.”
[Reports from RH Milky Rigonan]
