Thursday, October 09, 2008 Honasan can't testify on Magdalo coup rap
OPPOSITION Senator Gregorio "Gringo" Honasan will not be able to take the witness stand on Thursday's hearing of the coup d'etat case of Senator Antonio Trillanes IV and other Magdalo soldiers before the Makati Regional Trial Court (RTC).
Aside from Honasan, National Security Adviser Norberto Gonzales, Press Secretary Jesus Dureza and other officials of Malacañang and the Senate will also not be able to testify after the court failed to issue the subpoenas on account of the opposition of the Department of Justice (DOJ) to their appearance.
The officials were supposed to take the witness stand before the sala of Makati RTC Branch 148 Judge Oscar Pimentel as defense witnesses, but the DOJ has filed a motion opposing their presentation arguing that the Magdalo soldiers involved in the 2003 Oakwood mutiny were using a "new dilatory tactic of subpoenaing irrelevant witnesses with the purpose of prolonging the trial" of the five-year-old coup d'etat case.
Magdalo lawyer Ernesto Francisco Jr. confirmed that they will not be able to present any witnesses Thursday.
"We will not be able to present any witnesses since there were no subpoenas issued, but the hearing will go on to tackle pending issues," Francisco said.
In an opposition for the issuance of new subpoena duces tecum ad testificandum filed by the defense, Assistant Chief State Prosecutor Anthony Fadullon asked the court to deny for utter lack of merit the defense motion.
"The new witnesses are being asked to testify and bring documents regarding the Buliok complex, the Linguasan Marsh, and the Moro Islamic Liberation Front (MILF). These issues are so foreign to the case being tried as to be irrelevant," Fadullon said.
"If the Honorable court relents anew to hearing these witnesses, there will be no end to these proceedings; which is in utter violation of the accused's right to speedy trial and the inherent right of the People of the Philippines to a speedy disposition of the case," he added.
Fadullon said the defense witnesses have nothing new to say about the coup d'etat case.
Commenting on the DOJ opposition, Francisco said it will be unjust to cut short the defense presentation of evidence.
"It will be the height of injustice if the defense is not allowed to rebut the evidence presented by the prosecution or for the accused not to be allowed to prove their innocence by presenting any and all evidence available in support of their defense," he said.
"In fact, the DOJ took about four years to finish their case presenting 22 witnesses and voluminous documents as part of their presentation but we did not accused them of delaying tactics and yet we are being accused of doing that when in a span of four months we are able to present eight witnesses," Francisco said.
Gonzales and Dureza were supposed to testify on the agreement entered into by the Philippine National Oil Corporation (PNOC) with the Malaysian firm Berhad for the establishment of a palm oil plantation at Buliok complex in Pikit, North Cotabato and the role of the Khadaffi Foundation in the project.
The project was cited by the Magdalo as one of the reasons for the massive military operations in February 2003, months before the Oakwood incident against the MILF and the Pentagon kidnap-for-ransom gang.
Francisco likewise clarified that before Pimentel went on emergency sick leave from March 13 to July 17, he had presented just eight witnesses. Hence, he claimed that the rights of the accused and the complainants for speedy trial were never violated by the defense.
"At this juncture, the undersigned counsel would like to stress that he has so far presented just eight witnesses. On the other hand, the records will show that the prosecution has presented more than 20 witnesses over a period of four years! Thus, it may be asked, who indeed has caused the delay of the instant case?" he said.
He also clarified that Honasan will not testify Thursday but rather on October 28 and 30.
Francisco is the lawyer for accused Navy Lieutenant Senior Grades Eugene Louie Gonzalez, Andy Torrato and Manuel Cabochan; Lieutenant Junior Grade Arturo Pascua Jr.; 2nd Lieutenant Jonnell Sangalang; Ensign Armand Pontejos; and civilians Julius Mesa and Cezari Yasser Gonzalez. (AH/Sunnex)
