Court Martial.

January 19, 2007 at 12:10 am
Court martial of plotters bogs down
Victor Reyes report for Malaya:

Court martial proceedings against dozens of officers linked to last year’s alleged plot to overthrow the Arroyo government failed to move anew yesterday due to a number of issues, including access by the defense to a pretrial investigation (PTI) report which cleared the accused.

Defense lawyer Abraham Espejo immediately revived the issue on the controversial report shortly after the court convened for the second time since Dec. 14 at the headquarters of the Army’s 2nd Infantry Division in Camp Capinpin in Tanay, Rizal.

Espejo, who represents Scout Ranger Lt. Cols. Edmundo Malabanjot and Nestor Flordeliza, protested the refusal of the prosecution panel to furnish them with a copy of the PTI report.

The report, prepared by Col. Al Perreras, cleared all the accused of the mutiny charges. AFP chief Gen. Hermogenes Esperon Jr. ignored the report and ordered the convening of the court martial in November.

During the last hearing, the prosecution panel assured the defense counsels that they would be given copies of the report. 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,” Espejo asked the court presided by Lt. Gen. Alexander Yano, commander of the 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 said: “We want it here and now. We do not have the luxury of time. Our clients are detained.”

“The charges have 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 commandant 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.”

Vicente Verdadero, counsel for former Scout Ranger chief Brig. Gen. Danilo Lim, chided the prosecution panel for apparently disowning 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 Marine 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 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.”

Vicente Millora, counsel for 1Lt. Jacon Cordero, protested what he described as “farcical” proceedings. He later withdrew his appearance for the junior officer and excused himself from the proceedings.

“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 tribunal later asked Cordero if he was availing of a military counsel in the absence of his counsel of choice and he declined. he said, he is going to get his own private counsel. – Victor Reyes