Friday, October 10, 2008 Coup plotter seeks release from jail
A MARINE general linked to the February 2006 coup attempt on Thursday protested their "continuing unjust detention."
In a statement distributed to the media by his lawyer Trixie Angeles, Major General Renato Miranda, a former Marine commandant, said he and other Marine and Scout Ranger officers should not have been detained especially that no evidence has been presented yet to indict them for the crime.
Accordingly, Miranda was supposed to lead a group of Marine and Scout Ranger soldiers who would join civilians at the Edsa Shrine to call for the resignation of President Gloria Macapagal-Arroyo. They were, however, prevented by the military.
Aside from Miranda, other military officials detained for their role in the incident include Army Brigadier General Danilo Lim and Colonels Ariel Querubin and Custodio Parcon.
"The Marine and Scout Ranger officers should not have been detained. The 40 enlisted men (non-ranking soldiers) should not have been arbitrarily dismissed. A great injustice has been perpetrated and continues to be inflicted on the officers and men of the Marines and Scout Rangers detained allegedly for the February 2006 incident," said Miranda.
He added that the prosecution has not come up with any evidence that will sustain a finding of probable cause, much less a finding of guilt. "And yet we were jailed," he said.
In June this year, the charge of conduct unbecoming an officer and a gentleman (violation of Article of War 96) was dismissed for having prescribed.
The 40 enlisted men were dismissed last year despite the lack of charges filed against them during their nearly two years of detention.
Miranda also criticized former Armed Forces of the Philippines (AFP) chief now presidential peace adviser Hermogenes Esperon Jr. for overturning the pre-trial investigation report of the case against them despite the findings of no commission of the crime of mutiny.
"His (Esperon) actions deprived us of our freedoms, de-railed our careers, and denied our families of our company. Yet, as we have said before, our detention and continued incarceration clearly appears to have been the result of one man's whims backed by his patrons in the administration and surprisingly continued by the AFP leadership that appears to be not much different from the previous one," he said.
"There was no mutiny. Yet Esperon and his ilk have demanded that we go to trial. The current AFP leadership continues this oppressive policy despite the fact that they are by now aware of the lack of basis for our continued incarceration," he added.
Miranda reiterated his challenge to the AFP to put him instead of the junior officers to trial. "Very well, if there must be a trial, I am willing to submit myself to the process. In so doing, I am willing to stand for trial in the stead of my junior Marine officers."
General Lim also expressed the same sentiment. "This is command responsibility, which Gen. Lim and I have always been willing to undertake. We take full responsibility for the actions of our men. Let our men go, reinstate the unjustly dismissed enlisted men and let justice prevail," Miranda said.
Earlier, lawyer Angeles hit at the prosecution for the continued delay in the trial of the case.
"At the last hearing, the prosecution was required to list all evidence they have for the mutiny charge (violation of Article of War 67). No evidence was listed for any of the Scout Rangers. The evidence against the remaining officers clearly appears tenuous and will not support a charge of mutiny," she said.
"The officers continue to be detained due to the continuing postponements of the prosecution," the lawyer added.
The Trial Judge Advocate said the postponement of the trial has nothing to do with delaying tactics as argued by the defense, but it is because of the accused's pending recommendation for the withdrawal of charges.
It said only AFP Chief Alexander Yano who has the authority to approve the withdrawal of the charges. (AH/Sunnex)
