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January 12, 2001, Sun Star, Impeachment court won't tackle Cayetano's allegation vs. Erap,

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January 12, 2001, Sun Star, Impeachment court won't tackle Cayetano's allegation vs. Erap

MANILA -- While Senator-Judge Renato Cayetano's revelation that President Estrada intervened in the Vizconde murder case will remain in the records of the impeachment hearing, it will not be discussed again in the trial.

Estrada has brushed aside Cayetano's allegation that he had subverted justice by trying to bully a judge into exonerating a political ally's son accused of multiple murder.

The senator-judges Thursday came up with the consensus after a brief meeting and subsequently filed a motion in the impeachment tribunal that Cayetano's allegation be referred to the Senate.

Senator-Judge Juan Ponce Enrile initially filed a motion to have Cayetano's accusation against Estrada be stricken off the impeachment records.

Enrile, during the impeachment hearing aired live over ABS-CBN News Channel, described the accusation made by Cayetano as that of a witness who has not taken an oath.

He said that while Cayetano has the privilege to defend himself, the accusation should have been done outside of the impeachment court.

Cayetano objected to the motion but withdrew his objection when Senator-Judge Tito Sotto moved that the privilege statement remain on record, but that it will not be discussed in the impeachment trial.

Senate Majority Floor Leader Francisco Tatad pointed out that Cayetano's statement can expand the impeachment complaint.

But while the prosecution may add charges against Estrada, he said it is not proper for a senator-judge to make "offensive remarks" against the President.

"The articles (of impeachment) are quite precise... not a work in progress. This is not an open-ended charge sheet which grows from day to day," he said.

Enrile said Cayetano, by referring to Estrada as "Jose Velarde", had "prejudged" the case.

Cayetano said Estrada had separately summoned lower court judge Amelita Tolentino and senior state prosecutor Jovencito Zuño in 1999.

He said Tolentino told him Estrada had attempted to pressure her into acquitting Hubert Webb, a son of former senator Freddie Webb, who was convicted in the Vizconde murder case. Webb was then a partymate of Estrada.

Cayetano said Zuño also told him he was asked to throw out the government case against the suspect.

"Tell me where Hubert Webb is today," Estrada told reporters, referring to the principal defendant in the celebrated 1991 murder and rape case. "Is he not in jail? How can anyone say that I intervened?"

Cayetano "is adept at fabricating tales. He is trying to divert attention away from him," Estrada said.

The senator-judge reacted to an allegation made by presidential pal Dante Tan that Cayetano made P70 million out of four million shares in the gambling firm BW Resources.

Cayetano also accused Estrada of being the one behind the "black propaganda" against him. (With wires)

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on Dec 21, 12