Coup plotters court martial stalled anew

Court martial proceedings against dozens of officers linked to the Feb. 24, 2006 plot to overthrow the Arroyo administration were stalled anew Thursday when the prosecution panel refused to furnish the defense a copy of the pretrial investigation (PTI) report. Defense lawyer Abraham Espejo immediately revived the issue on the controversial report shortly after the court convened for the second time since December 14 at the headquarters of the Army’s 2nd Infantry Division in Camp Capinpin in Tanay, Rizal. Espejo, who represents accused Scout Ranger officers Lieutenant Colonels Edmundo Malabanjot and Nestor Flordeliza, protested the continuous refusal of the prosecution panel to furnish them a copy of the PTI report. The report, prepared by Col. Al Perreras, has cleared all the accused of the mutiny charges. AFP chief Gen. Hermogenes Esperon Jr. ordered the convening of the court martial in November, reversing the recommendation of the pretrial investigation panel. During the last hearing, the prosecution panel has assured the defense counsels that they would be given copies of the report through channel. However, Espejo said the prosecution failed to keep its promise. “Please direct the TJA (trial judge advocate Col. Ukol Paglala) to furnish us with the PTI report," said Espejo, addressing the court presided by Lt. Gen. Alexander Yano, commander of the military’s Southern Luzon Command. Other defense lawyers, including Homobono Adaza and Frank Chavez, joined the debate to pressure Paglala and prosecution panel to furnish them a copy of the report, which they said was necessary in coming up with their defense. When Paglala informed the court that the defense would be given copies of the PTI report “in due time," Chavez snapped back: “We want it here and now. We are not in the luxury of time. Our clients are detained." “The charges has disrupted the rhythm of their lives…I invoke the Constitution, that they be furnished with the PTI report…because that is part of the due process," said Chavez, who represents former Marine commander Maj. Gen. Renato Miranda. Chavez said Esperon’s reversal of the pretrial investigation panel recommendation is a “gross exercise of discretion." The lawyer also said: “This panel is illegally constituted in form and in structure." Lawyer Vicente Verdadero, counsel for former Scout Ranger chief Brig. Gen. Danilo Lim, chided the prosecution panel for apparently passing its responsibility in furnishing them copies of the PTI report. “That is your job, why are you passing it to the court. Why can’t you furnish us with the report?" he asked. Adaza, counsel for accused Col. Ariel Querubin, also renewed questions on the legality of the court, saying Esperon, in ordering the convening of the court, has become the convening authority, the prosecutor and the reviewing authority. Esperon has earlier volunteered to become a witness for the prosecution, saying his testimony is vital to the case. But the AFP chief later said he was inhibiting himself as a witness for the prosecution. Adaza said the court should dissolve itself because it is “illegally constituted." Adaza also said Esperon, who has taken interest on the case, “should go to the President and ask the President to create a court martial she desires." Lawyer Vicente Millora, counsel for accused 1Lt. Jacon Cordero, took the floor and protested what he said was “farcical" proceedings. He later withdrew his appearance for the junior officer and excused himself from the proceedings. “The proceedings are farcical…We are fooling the respondents, we are fooling ourselves…We should stop the farcical proceedings and stop the mockery of justice," said Millora, a former Integrated Bar of the Philippines president and Pangasinan assemblyman. The military tribunal later asked Cordero if he was availing himself of a military counsel on the absence of his counsel of choice. Cordero refused, prompting the other defense lawyers to move for a suspension of the proceedings because it is a right of an accused to be represented by a counsel of his choice. Another counsel for Querubin, Rodrigo Artuz, also moved for a continuation of the proceedings, noting that a motion for certiorari filed by client before the Court of Appeals has yet to be resolved by the court. The motion is questioning the authority of the court to try Querubin. Yano approved the motions and set the next hearing on February 27, three days after the first year anniversary of the supposed plot by Lim and Miranda to lead their men to Edsa Shrine and withdraw their support from the President. - GMANews.TV