Tuesday, April 29, 2008 Trillanes also deserves bail: lawyer
A LAWYER said detained Senator Antonio Trillanes IV should be given temporary liberty just like what happened to former Moro National Liberation Front (MNLF) chairman and Autonomous Region in Muslim Mindanao (Armm) governor Nur Misuari who was granted bail last week by the Makati Regional Trial Court (RTC).
Reynaldo Robles said if the Muslim leader was allowed to post bail, Trillanes should get the same privilege.
But Robles conveyed his pessimism that the Makati RTC hearing the coup charges against the rebel Magdalo group will ever permit Trillanes to get out of detention, at least temporarily.
"He (Trillanes) wasn't even allowed to perform his duties by attending sessions in the Senate. He wasn't even asking to be allowed to post bail, just this request for him to serve his country," Robles said.
In July last year, Judge Oscar Pimentel denied for lack of merit Trillanes' motion for leave of court so he could attend and participate in Senate sessions, hearings and investigations.
Prior to the May 2007 election, Pimentel also junked Trillanes's bid for temporary liberty.
Trillanes, a former Navy officer, is incarcerated at the Philippine National Police (PNP)-Custodial Center for leading the armed takeover of the Manila Peninsula Hotel last November.
Robles said while Trillanes remains in prison, Misuari was placed in "townhouse arrest" in Quezon City, and given special treatment and privileges his client has been denied of.
Misuari was also allowed by the court to travel to Saudi Arabia to participate in peace negotiations while facing trial, added Robles.
He further pointed out that Misuari's rebellion case is a non-bailable offense, just like coup d'etat.
The lawyer said they have elevated their case to the Supreme Court (SC) in hopes of overturning the Makati court's denial of their petition for leave of court.
Robles co-counsel, Ernesto Francisco Jr., said the prosecution failed to present convincing evidence to warrant the continued detention of the lawmaker.
"In the light of the new evidence we have presented including the testimonies of our witnesses, not only is Senator Trillanes but all of his co-accused are entitled to bail," Francisco said.
"Actually it's not just the evidence and testimonies that we have so far presented that give a lie to their arguments but there is really no coup d'etat when they went to the Oakwood Hotel Premiere," he added.
He specifically cited the testimony of former Armed Forces chief now Senator Rodolfo Biazon last week who told the court that the Oakwood incident was no coup especially when compared to the 1987 and 1989 coup attempts against the Aquino administration.
Biazon, then the commanding general of the National Capital Region Defense Command, said the Magdalo soldiers went to Oakwood to vent their grievances against allegation of corruption in government and the military.
Francisco said he is set to confer with the Magdalo leader in his detention cell at Camp Crame on Wednesday to discuss their next move, adding that the filing of a petition for bail will be among the issues he will discuss.
Earlier, Senator Aquilino Pimentel Jr. said Trillanes should also be entitled to the same privileges granted to Misuari.
He said Misuari was charged with rebellion when he led armed fighters from the MNLF in attacking government posts in Sulu in 2001 killing scores of combatants on both sides while there were no casualties in the Trillanes-led Oakwood mutiny and the 2007 Manila Peninsula Hotel standoff.
Pimentel is one of the 17 lawmakers who signed a resolution last year calling on the court to allow Trillanes temporary liberty to participate in Senate proceedings.
But prosecution head, Assistant Chief State Prosecutor Richard Anthony Fadullon, said the two cases are different from each other.
"There's no point of comparison between the two cases. Judge Pimentel has already ruled thrice actually against Trillanes bail petition since unlike the Misuari case, the evidence of guilt against him is strong. We will definitely oppose any such move," Fadullon said.
He also said unlike Misuari, the detained lawmaker is a "flight-risk" considering his walkout last year of the court leading to the subsequent standoff at the Manila Peninsula Hotel.
Prosecutor Juan Pedro Navera also said the November 29 standoff is more than enough reason for the court not to allow temporary liberty for the Magdalo leader.
"That incident is one good reason why Trillanes didn't deserve bail. Besides, didn't he announce last month that he does not wish to participate in a 'sham' trial and a 'bambozzled' proceedings," Navera said. (AH/Sunnex)
