Manila:The Senate impeachment court has granted permission for prosecution and defense lawyers to share subpoenaed financial records with their forensic experts. This decision, subject to court-imposed safeguards, paves the way for expert analysis in the trial of Vice President Sara Duterte.
According to Philippines News Agency, the clarification came from presiding officer Francis 'Chiz' Escudero following concerns raised by lead defense counsel Sheila Sison. Sison questioned how prosecution forensic expert Alexander Cabrera accessed tax, bank, Anti-Money Laundering Council (AMLC), corporate, and other records related to Duterte, her husband Manases Carpio, and affiliated entities. Sison noted that Cabrera's report referenced documents obtained through court subpoenas, although none were specifically issued to him.
Escudero clarified that subpoenas were meant to compel the production of records for the impeachment court, not directly to Cabrera. The documents were made available to both parties under court-imposed conditions. The prosecution must demonstrate during direct examination how Cabrera obtained these records and the chain of custody associated with them.
House prosecutor and Akbayan Party-list Representative Chel Diokno confirmed that the prosecution engaged Cabrera and provided him with subpoenaed documents. Diokno compared this to standard practices in civil and criminal cases where experts analyze evidence provided by lawyers.
Despite Sison's objections, citing confidentiality concerns and a July 29 memorandum from the Bureau of Internal Revenue, Escudero expanded the ruling to apply to both parties. The defense, too, had listed a forensic expert in the pretrial order and will have similar access to the records once they present their evidence.
Escudero emphasized that lawyers could enlist experts and investigators to review evidence legally obtained, provided any access adheres to court restrictions. The ruling allows Cabrera to examine the financial records but requires the prosecution to establish the legitimacy of his access and handling of the documents. Meanwhile, the defense remains free to challenge Cabrera's access, methodology, and conclusions during cross-examination.
