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DEFENSE
lawyers on Tuesday denounced the alleged deliberate
attempt of the prosecution to delay the proceedings in
the ongoing court-martial against the 23 alleged core
leaders of the Magdalo Group.
The
lawyers said this was partly due to the continued
failure of military prosecutors to provide the accused
and their counsels copies of the prosecution’s evidence
on their cases, which is their right.
Trixie
Angeles, counsel for detained Marine Capt. Nicanor
Faeldon, said that during the proceedings on Tuesday the
prosecution finally agreed to provide defense lawyers
copies of the military’s evidence, at least before the
next hearing, but only after the court-martial prodded
the military prosecutors to do so.
However,
Angeles said that the defense lawyers have yet to see
whether the prosecution would make good its promise as
she noted that they have been long asking for the
evidence folders.
Also
during the hearing, Angeles and the other lawyers of the
accused raised howls over the plan of the prosecution to
merge another case with the two pending cases and hear
all three as one.
The
general court-martial headed by Brig. Gen. Nathaniel
Legaspi is now hearing the consolidated People of the
Philippines v. Maestrecampo and People of the
Philippines v. Riazo cases.
But the
prosecution, as ordered by the Special Adjudication
Board, wants to consolidate the People of the
Philippines
v. Rajil with the two cases.
The
Maestrecampo case has 17 accused while the Riazo case
has six accused.
Angeles
said that the consolidation of the Rajil case in the
ongoing proceedings would delay the trial, as it would
possibly force the whole trial to go back to step one at
a time when it was about to formally start hearing and
receiving the evidence.
He noted
that as a matter of right, the accused in the Rajil case
are required to attend the presentation of evidence, and
skipping such may force them to ask for a retrial.
Angeles
was also surprised why the adjudication board ordered
for the inclusion of the new case into the ongoing
proceedings when military prosecutors have already moved
for its dismissal or the withdrawal of the information
owing to the weakness of evidence.
Still,
Angeles said the Riazo and Maestrecampo cases could not
be consolidated as the accused in the first case were
facing charges of mutiny, disrespect to the President,
conduct unbecoming of an officer and a gentleman and
conduct prejudicial to good order and military
discipline.
On the
other hand, the accused on the second case were only
facing charges of conduct unbecoming of an officer and
gentleman.
During
the same hearing, accused Marine Cap.Gary Alejano asked
for a one-week break from detention to visit his newborn
daughter, Maxine Gail, in their home in San Nicolas
Village, Bamban, Tarlac.
Another
officer, 2Lt. Larry Cendaña, also asked for a seven-day
pass to be with his wife, who is set to give birth.
Lead
prosecutor Col. Pedro Herrera Davila told that both
leave requests have been approved by Gen. Hermogenes
Esperon Jr., Armed Forces chief of staff.
An
accused in the case, Navy Lt. Antonio Pascua, said some
of his colleagues had their first babies while in
detention.
Only 30
junior officers remain on trial before the court martial
including Sen. Antonio Trillanes IV and Faeldon.
On
August 22, 2007, the court martial ordered the
dishonorable discharge of 12 officers who pleaded guilty
to violation of Article of War 96 (conduct unbecoming an
officer and a gentleman).
The
group included two alleged ringleaders of the uprising,
Army Capts. Gerardo Gambala and Milo Maestrecampo.
On
January 27, 2008, 54 junior officers, who entered into a
plea bargain, will also be released from detention.
In May
2005, 184 enlisted men were released from detention and
re-instated into the service also after they admitted
guilt.
The
charges stemmed from the siege of the Oakwood Hotel on
July 27, 2003 by about 300 junior officers and enlisted
men. |
