Sandiganbayan grants Enrile's request to see documents on plunder case
Prosecutors earlier opposed Enrile's motion seeking to photocopy or photograph "any and all documents" they listed and submitted in the Bill of Particulars.
Enrile's camp argued that the defense needs a lot of time "to study and consider the materials before trial is held," but prosecutors said the request is equivalent to premature presentation of evidence.
On April 24, the Sandiganbayan's 3rd Division released a six-page resolution that overruled the prosecution's objections, saying there is good cause for granting the motion.
The court cited Section 10, Rule 116 of the Revised Rules of Criminal Procedure: "This rule refers to the right of the accused to move for production or inspection of material evidence in the possession of the prosecution. Section 10 is also one one of the modes of discovery in criminal cases specifically given to the accused."
On the argument that the request is equivalent to premature presentation of evidence, the Sandiganbayan said it "see no premature disclosure of evidence on the part of the prosecution in allowing Enrile to obtain or photocopy pieces of evidence relating to matters disclosed by the prosecution itself."
The resolution was penned by Sandiganbayan Associate Justice Ronald Moreno, with the concurrence of Presiding Justice Amparo Cabotaje Tan and Associate Justice Bernelito Fernandez.
Enrile, who faces plunder and graft charges over the pork barrel scam, was granted bail in 2015. He is running again for senator in the 2019 elections. – Rappler.com