Basic jury principles violated

“We are 23 minds here. We are a body of jurors. In a body of jurors, each one has his own perception and interest in this case in order to make a final judgment. I am not in the position to deny that right to any member of this body,” Senate President Juan Ponce Enrile, presiding over the impeachment trial of Chief Justice Renato Corona, explained why he could not stop any of the senator-judges from interrogating prosecutors, defense counsels or witnesses.

If so, the senators, purposely or through sheer ignorance, are violating the basic and fundamental principles, tenets and/or procedures that serve as the very foundations for people to trust the jury system. The violations are so crucial that more such violations could result in the people completely losing trust and confidence in the impartiality of the senators or in their capability to render fair judgment on the sole basis of evidence admitted in the proceedings. Is it surprising then that the last impeachment trial we had (Joseph Estrada’s) resulted in the second People Power (uprising)?

Generally, all rules and procedures in a “jury trial” have the sole purpose of eliminating bias and prejudice among jurors. We cannot say this of the ongoing impeachment trial as some senators have shown bias with their behavior during the impeachment proceedings or through their statements to the media. In a real “jury trial,” the jurors are prohibited from asking questions and are likewise prohibited from talking about the case before a jury verdict has been made. This basic rule safeguards against bias for or against any party to the case. Another basic rule is that any question of law is for the judge to decide; in impeachment proceedings, the chairman acts as the judge and rules on questions of law. The jurors do not rule on findings of law; the jurors rule only on findings of facts after the trial.

Also, Senator Enrile said “each one (of the jurors) has his own… interest in this case.” In a real jury trial, it is a “no-no” for any juror to have any “interest” in the case. There are many other basic rules of the jury system that are being violated in the impeachment trial of Corona.

I believe that the senators (jurors) will insist on their version of the “jury system.” The world is watching and many know the fundamental rules of a jury trial. If the senators insist on continuing with their version, they run the risk of being accused of making a mockery of the jury system and of becoming the laughingstock of the world. I suggest that the senators refrain from using the term “juror” which obviously was derived from the jury system, as the jury system and its basic rules stand for fairness, something, I am sorry to say, is sorely lacking in the ongoing impeachment proceedings.

—VIC VELASQUEZ, lawyer, [email protected]