TO AVOID the strict sub judice and court room restriction, presiding impeachment trial court officer , Senator Francis Escudero wants both the prosecution and defense panels to consider designating non- lawyers who are not part of their teams in the trial of Vice President Sara Z. Duterte.
Before the adjournment of the proceedings, Escudero said “you might want to consider, in order to give a fair hand, nominating a spokesperson that is purely a spokesperson, that is not limited by the rules of the impeachment court with respect to what he or she can say.”
He acknowledged that thus far, both lawyers have so far been “very careful” with their public statements.
Still he reminded both parties of the rule that restricts prosecutors, defense counsels, and witnesses from making certain public comments or disclosures related to the case.
“I noticed that Atty. [Benjamin “Jay”] Tolosa, who is a registered counsel for the panel of prosecutors, and Atty. [Michael] Poa, who is a registered counsel for the respondent, are both serving as spokespersons as well,” Escudero noted.
He warned that “as the trial goes on, it might take its toll with respect to the spokesperson and counsel at the same time being able to distinguish between the merits of the case and purely procedural observations or facts.”
He reminded both camps that the court would be monitoring statements made by their lawyers.
In a press briefing after the proceedings, House Lead Prosecutor Rep. Gerville Luistro said the prosecution team would discuss Escudero’s suggestion with Tolosa.
“We will bring that up to Atty. Jay Tolosa. Ever since, we are always deciding as a team so we will be consulting each other as to the best action to take for Atty. Tolosa but ultimately, of course, this will be his decision,” Luistro said.
Defense spokesman Atty. Michael Poa said the defense appreciated Escudero’s advice acknowledging the difficulty of balancing roles as both counsel and spokesperson.
But, he said, that is something that he would have to consult the vice president
Poa said he and Tolosa had a brief exchange and shared in a briefing, “We thought the two of us were going to be reprimanded earlier. Thankfully, we weren’t, and thankfully, the presiding officer saw that we have been trying our best to be very careful in media interviews.”
Appointing a non-lawyer as a spokesperson for the prosecution and defense is important to prevent active counsels from violating professional ethics or being distracted from trial preparation.
Active legal counsels are bound by strict court gag orders and sub judice rules. A dedicated non-counsel spokesperson has a “freer hand” to explain updates to the public without risking contempt of court.
Lawyers acting as spokespersons risk mixing public arguments with trial evidence, which can violate professional responsibility codes. A separate voice keeps public relations outside the courtroom.
Trials require intense legal research and strategy. Letting a non-lawyer handle media briefings allows the actual defense or prosecution counsels to focus entirely on presenting the case before the judges.
Lawyers often use heavy legal jargon. A non-lawyer spokesman can translate complex legal events into simple, clear messages that the general public can easily understand.