Friday, March 2, 2012

THE LEAD PROSECUTOR

If one were to watch him preside over a committee hearing, there is no doubt that he has control, and he is able to propel the committee towards its intended objective, whatever it may be. His colleagues may differ in this kind of impression but he has accomplished for his committee what appears to be difficult and challenging.

His ability to be cool and smile even under attack or pressure is an asset that makes him suited for the position, or at least, an honorable gentleman, It is too early to judge his performance at the impeachment trial. But he has fairly conducted himself despite the criticisms and funny stories about him.

It was obvious that he is not making a decision all alone by himself. There is a panel of prosecutors, which like a collegial body, decisions are reached either by concensus or perhaps by a vote of each member.

As lead prosecutor however, he makes decisions when the circumstances warrant it in the course of the trial. He may not have the luxury of time to consult his co-prosecutors. That is why, if in any event during the trial, that there is a need to make a judgment call, the decision of such panel could be overturned or in effect "vetoed" by the lead prosecutor.

There may have been a collective decision made, such as terminating the presentation of evidence with a reservation. But in the course of the proceedings, the court may be of the view that such position cannot be possible - that is, if one terminates, thats the end of it. No ifs and no buts. No reservations allowed. At that point, the judment call is to conform to the main objective, terminate the presentation without the reservation.

It was a correct decision since the prosecution was already convinced that they have presented their case supported by what they feel as sufficient evidence. Thus, such reservation, whether made or not should not be an issue.

Nonetheless, should there be a need to present further evidence, that could still be sought and done but with prior leave from the court. Besides, the prosecution have yet to actually and formally offer its evidence and officially rest its case.

Words may be floating that there may have been a betrayal.

Objectively, a scrutiny of his demeanor and manifestations, the lead prosecutor was guided by his knowledge of the law and experience in procedures.

Again, let us see what happens next.