By ELLEN TORDESILLAS
FORMER presidential chief of staff Mike Defensor has withdrawn the perjury case he filed against whistleblower Rodolfo “Jun” Lozada, accusing the judge of bias.
“I write to respectfully inform you that I am no longer interested in pursuing the case,” Defensor said in a letter to Judge Jorge Emmanuel Lorredo, delivered to the court through Defensor’s private counsel Reynold Munsayac.
Defensor said he was standing by his accusation that Lozada lied about events that transpired in connection with Lozada’s abduction just before he testified at the Senate on the NBN deal. But Defensor said, “I feel that I may not be able to obtain impartial justice from the Honorable Court. “ (Download Defensor’s letter to Lorredo)
Lorredo, who said a prayer of thanksgiving upon reading Defensor’s letter, terminated the pre-trial today and scheduled the trial proper on June 11, when Defensor, through the prosecutor, is expected to file an affidavit of desistance.
“With all due respect, even a cursory reading of the orders issued by the Honorable Court would expose the Honorable Presiding Judge’s bias in favor of the accused,” Defensor said.
Lorredo had issued an order warning Defensor it would be unwise and “political suicide” for him to pursue the case against Lozada. The judge also said Defensor was clearly protecting the interests of President Gloria Arroyo and husband Mike, and that he might be “punished” for it.
“But has Defensor not already been punished in some ways? He lost in the last senatorial race because he was perceived to be protecting the first couple during the NBN ZTE deal hearings; because he was perceived to be trying his best to make Lozada stop talking,” Lorredo said.
“Defensor, on May 7, 2009, when I arraign your enemy, Lozada, you shall have the unique opportunity for cleansing, for healing, for regaining public sympathy. The Court suggests that you do what is right for your sake, for your kids’ sake, for your wife’s sake,” Lorredo added.
Defensor, however, leaves open the possibility that the case could be revived. He said, “At any rate, I am confident that, in the future, I will still be able to obtain justice. It is only unfortunate, that just because of my presumed close relationship with the present administration, my complaint was prejudged as a harassment suit, when in fact, it is a plain, meritorious, and legitimate action seeking relief for the wrong done upon me and my family.”
Lozada’s lawyers are not about to let their guard down. Lawyer Rex Fernandez described Defensor’s letter as “forked tongue” and “doublespeak.” Lawyer Jose Manuel Diokno said the withdrawal “remains to be seen.”
The lawyers said that if Defensor fails to appear in the June 11 hearing, which is very likely, they can move for the provisional dismissal of the case. Final dismissal will take two years. Within that period, Defensor can still move for the lifting of the dismissal.
Lozada said if Defensor is serious about withdrawing the case, it would be a victory for those who are being harrassed for telling the truth.
“Isang tagumpay ito sa lahat na inabuso ng administrasyon na ang kasangkapan sa pagpapanatili sa pwesto ay panlilinlang at kasinungalingan (This is victory for those who have been abused by this administration whose tools to stay in power are deceit and lies),” Lozada said.
Lozada said Defensor was backing down because his (Defensor’s) lies would not stand in a fair trial.
Defensor filed a perjury case against Lozada for saying that Defensor told him to deny that he was kidnapped by the police upon his arrival from Hong Kong in February 2008 where he tried to evade the the Senate investigation on the NBN-ZTE scandal.