Cimatu’s absence prompts postponement of Magdalo coup case hearing in Makati

By Ronron
January 24, 2008

Former military chief Roy Cimatu’s absence prompted the postponement of the scheduled hearing yesterday (Thursday) on the coup d’ etat case of the Magdalo Group at a Makati City court.

Atty. Reynaldo Robles, lawyer of accused Senator Antonio Trillanes IV, said Cimatu, who was supposed to be his witness, was reportedly out of the country and will only be back on February 7, according to the Department of Foreign Affairs.

Robles said Cimatu is a key witness because he will testify that Malacañang approved an agreement that the Magdalo soldiers who took over the Oakwood Hotel in Makati City last July 27, 2003 will not be prosecuted if they surrender.

“All the other previous witnesses, except Gen. (Danilo) Lim, could not say for certain if the agreement was authorized by Malacañang. So, his (Cimatu) witness is important because he will establish the fact that the President approved the agreement not to prosecute those involved in the incident,” Robles said after yesterday’s proceedings was adjourned by Judge Oscar Pimentel.

During the Oakwood incident, which was led by Trillanes who was a Navy Captain then, Malacañang tapped Cimatu to negotiate with the rebel soldiers being a recently-retired chief then of the Armed Forces of the Philippines (AFP).

It is because of this agreement that the defense says the case of coup d’ etat should be dropped against the 31 accused because the alleged crime actually did not materialize. Besides, it was not held at a government facility or installation, as what the law defined of the said crime, the defense added.

After Cimatu testifies, Robles said they might consider putting Trillanes to the witness stand to testify on the same point.

“We are considering presenting Sen. Trillanes as a witness. I already made the appropriate reservation on that,” Robles said.

Because of Cimatu’s absence, and a pending motion for reconsideration on the defense’ motion for Pimentel to inhibit from the case, Robles moved for a postponement of yesterday’s hearing.

Pimentel granted the motion and reset the hearing on the whole day of February 21. Yesterday’s proceedings lasted only for about 30 minutes.

Present during yesterday’s hearing were Trillanes and 12 other Magdalo members who are detained at the Philippine National Police (PNP) Custodial Center in Camp Crame, as well as the 12 other accused presently under the custody of the Philippine Army in Fort Bonifacio, Taguig City.

Among the absent is fugitive Marine Captain Nicanor Faeldon, who escaped and has since been unaccounted for during the November 29, 2007 takeover of the Manila Peninsula Hotel, also in Makati City. The rest of the absent accused have waived their appearance for the hearing./DMS