Wednesday, October 01, 2008 Suspension of coup plotters' trial hit
A LAWYER of a Scout Ranger officer linked to the alleged February 2006 coup attempt branded Tuesday's postponement of the court martial hearing as "highly irregular" if not outright illegal.
"Today (Tuesday) is the trial of the officers detained at Fort Bonifacio for the February 2006 incident, but it has been postponed," said Trixie Angeles.
Angeles is the lawyer for Scout Ranger officer Jason Aquino, a member of the Philippine Military Academy (PMA) Class of 1990, who was among the first officers involved in the 2006 coup to be detained.
Aquino then was with Army Brigadier General Danilo Lim, commander of the Scout Ranger, and Marine Colonels Ariel Querubin and Custodio Parcon.
They walked out of the court hearing for their rebellion charges and invaded a hotel in Makati where they later announced their withdrawal of support from the Arroyo government.
Aside from Aquino, Angeles is also representing escaped Marine Captain Nicanor Faeldon, one of the six core leaders of the Magdalo Group who staged the short-lived Oakwood mutiny in July 2003.
She said the proceedings were being deferred in the past due to the prosecution's request for a nolle prosequi (withdrawal of charges) or whether it could first ask the Armed Forces chief to authorize a withdrawal of charges against the accused officers.
However, the prosecution would show up in the next hearing without any nolle prosequi, saying they had decided not to bring up such recommendation to the top military post anymore, she added.
"They would return to trial saying that in their own analysis, the accused are not entitled to nolle prosequi and so they did not bother sending the recommendation to the chief of staff," she said.
Angeles quoted the prosecution as claiming it would once again recommend for another nolle prosequi for the fourth time in a row.
The lawyer criticized the prosecution for failing to notify them of what amounts to an undeclared suspension of trial.
She also noted that the prosecution has failed to produce during the last hearing - nearly a month ago - a list of evidence and witnesses that it has against 18 of the accused military officers.
"It was so evident at the last hearing, that even if the court martial panel had merely called for a lunch break and not an adjournment, the prosecution lawyers no longer bothered to show up for the trial to reconvene," Angeles said. That hearing was later postponed.
"The trial judge advocate failed to list any evidence against 18 of the Scout Rangers," Angeles added.
Last June, the military court granted the accused officers' motion to dismiss charges of violation of Articles of War 96 (conduct unbecoming an officer and a gentleman), 97 (conduct prejudicial to good order and military discipline), 63 (disrespect toward the President, Vice President, Congress of the Philippines, or Secretary of National Defense), and 65 (willfully disobeying superior officer).
Its decision leaves the 28 military officers facing only one case before the court martial - the violation of Article of War 67 (inciting to sedition).
The court said the motion was granted after ruling that the charges have already gone past the two-year prescription period. (AH/Sunnex)
