Court martial proceedings against the dozens of officers implicated in last year’s failed power grab failed to progress anew due to the prosecution’s failure to furnish the defense with pre-trial advice which served as the basis for convening the court martial.
The pre-trial advice reversed the findings of a pre-trial investigation panel that dismissed the mutiny charges against the officers led by former Scout Ranger chief Brig. Gen. Danilo Lim and former Marine commandant Maj. Gen. Renato Miranda.
The pre-trial advice, prepared by Col. Pedro Davila, the staff judge advocate of AFP chief Gen. Hermogenes Esperon, restored the mutiny case, which was subsequently approved by Esperon.
The pre-trial investigation panel said there was no strong evidence to try the accused for mutiny. The panel merely recommended charges of conduct unbecoming of an officer and a gentleman and conduct prejudicial to good order and military discipline.
Defense lawyer Trixie Angeles said that while they have been already furnished with copies of the pre-trial investigation report, they were yet to be given copies of the pre-trial advice which she said they need in the defense of their clients.
“The PTA should be attached to the charge sheets furnished to the accused. Without this basic document, there is no case,” said Angeles. The court agreed with the defense, setting aside the contention of the prosecution that there was no need to furnish the defense with the pre-trial advice.
The court’s president, Southern Luzon Command chief Lt. Gen. Alexander Yano, directed the prosecution panel to furnish the defense lawyers and their clients with the copies of the pre-trial advice within 72 hours.
Yano set the next hearing on June 15.
The court martial proceedings have not made a significant progress since it started in December. The members of the court have yet to take their oath and the accused are yet to be arraigned.
If the accused are not arraigned before Feb. 25 next year,Replica Watches, which is the second anniversary of the supposed plan to oust President Arroyo, their case would be deemed dropped based on the two-year prescription period.
Off court,Chanel Sunglasses, defense lawyer Francisco Chavez said they need the pre-trial advice in filing a motion for reconsideration before Esperon’s office. “We will file a motion for reconsideration not in the Supreme Court but to the guy who started this all,Chanel handbags, Esperon and tell him to come to his senses,” said Chavez. – Victor Reyes
Photo captions:
1. Ma.Gen. Renato Miranda with Mrs. Miranda and grandchildren.
2. Gen. Miranda’s grandchildren.
3. Col. Orlando de Leon and wife Dahlia.
4. Lt Jacon Cordero, the youngest officer-detainee, with wife Mazenith and son Jazen.
5. Brig. Gen. Danny Lim and daughter.
6. During a break in the hearing.From left, Col. Archie Segumallian, Col. Custodio Parcon, Capt. Frederick Sales, Capt. Isagani Criste.
7. Waiting for their ride after the hearing: Mrs. Aloy Lim, wife of Brig.Gen. Lim (in blue), Col. Segumallian, Col. Ariel Querubin,Col de leon, Maj. Doctolero and son.
8. In a huddle during a break: Capt. Ruben Guinolbay. Capt. Dante Langkit, Capt. Fontiveros.
9. Maj. Francisco Domingo Fernandez.
10. Capt. Ruben Guinolbay
11. Col. Querubin and Capt. Langkit
12. Joan Bondoc of Inquirer, Ces Drilon of Abs-Cbn, me and other members of media behind the military cordon.
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