Prosecution says defense’s sub judice manifestation vs. Tolosa a ‘diversionary tactic’

House lead prosecutor and Batangas Rep. Gerville Luistro on Wednesday described as a “diversionary tactic” the defense’s complaint alleging that prosecution counsel Atty. Jay Tolosa had violated the impeachment court’s sub judice rule in the trial of Vice President Sara Duterte.

Luistro said the prosecution was surprised by the manifestation filed by lead defense counsel Atty. Sheila Sison before the impeachment court on Tuesday, November 10, which raised the alleged violation.

She maintained that Tolosa had been careful not to make statements that could prejudice the proceedings, particularly given his previous experience involving the sub judice rule.

“Medyo na-surprise kami sa manifestation ng defense kahapon about Atty. Jay Tolosa kasi we were together during the press conference, kasama ako, kasama si Chair Barber, at kasama si Atty. Jay Tolosa. We did not observe any pronouncement that constitutes violation of sub judice,” Luistro told the reporters.

“[Atty. Tolosa] has been very careful with the sub judice rule, considering what happened to him during the first instance,” she added.

She also maintained that the defense camp, including Duterte herself, had allegedly committed more violations of the sub judice rule.

“To our end, Defense ang maraming violation. Marami kaming observation with regard to the other camp. Number one ang respondent, ang Vice President,” Luistro said.

Luistro suggested that the defense raised the issue to divert attention from the performance of its witnesses during the trial.

“Mukhang diversionary tactic naman eh, kasi the witnesses of the Defense are not doing so well,” she said.

The prosecution is still discussing what action to take in response to the defense’s manifestation. Luistro also said the panel is considering raising before the impeachment court Duterte’s alleged violations of the same rule.

Meanwhile, defense spokesperson Atty. Michael Poa said they respect Luistro’s view that the complaint against Tolosa was a diversionary tactic.

Asked about the expected testimony of the defense witness on Wednesday, Poa said the witness would clarify Duterte’s alleged affiliation or interests in GenCorp Industries Inc. and Metro City Chow Foods Corporation.