MANILA, Philippines – Pinandigan ni private prosecutor Lorna Kapunan ang kanyang pananaw sa narinig kay Defense counsel Kristine Ferrer ang pariralang pinapayagan sa cross examination ang “misleading question” na mahigpit na pinabulaanan ng depensa.
Sa muling paghaharap nitong Miyerkoles sa pagpapatuloy ng impeachment trial ni Vice President Sara Duterte sa paglulustay ng confidential funds, tumindig ni Ferrer upang linawin ang isyu bago isailalim sa cross examination ang hostile witness ng prosecution na si Lemuel Ortonio, assistant chief of staff sa Office of the Vice President.
“Just to put the record straight, Your Honor. When I said they are allowed, I was referring to leading questions,” ayon kay Ferrer.
Katunaya, giit pa niya, itinatanong niya kay del Campo ang leading question na kaagad tinutulan ni Kapunan.
“So, if we take a look at it, with all due respect, the objection was even improper at that time, Your Honor,” ani Ferrer.
Dahil dito, tumindig si Kapunan na nagpaalam sa Senate impeachment court na tugunan ang pahayag ni Ferrer.
“I’d like to manifest though that, again, the statement of counsel is misleading. Because it was very clear and the transcripts would show that the immediate phrase which led to my remark was not about leading. It was about misleading,” paliwanag ni Kapunan.
“If I heard it, if the whole legal profession heard it, if courtroom heard it, if the outside audience heard it, then, it must be, it is what (it) is,” giit ni Kapunan.
“She had said ‘misleading is allowed,’ and I responded to that. And I’d like that to be on record, Your Honor. Let’s not mislead again this honorable court,” dagdag ni Kapunan.
Kasunod nito, nagdesisyon si Presiding Officer a Sen. Francis Escudero habang binabasa ang transcript of stenographic notes noong Agosto 12 hinggil sa palitan ng paliwanag ng dalawang abogado.
“Atty Kapunan: Leading, misleading questions are not allowed on cross. Atty: Ferrer: They are allowed.”
“This is what the transcript says, and it has no reference to Atty. Ferrer stating specially that misleading questions are allowed,” giit ni Escudero.
“And perhaps, the confusion arose with respect the TSN (Transcript of Stenographic Notes) again not being able to capture the perhaps overlapping statements made by both counsels, and we should leave at that already, counsels, and move on,” patapos ni Escudero. Ernie Reyes