By Ronron
February 7, 2008
Twenty-four of the 28 officers implicated in the alleged February 2006 coup plot were not present during Thursday’s court martial hearing in Camp Aguinaldo despite their transfer on Wednesday night from Tanay, Rizal.
Maria Flor Querubin, wife of accused Marine Col. Ariel Querubin, said the failure of the military leadership to bring the accused to court yesterday runs counter to the supposed purpose of transferring the detention of the 24 accused at the Intelligence Service of the Armed Forces of the Philippines (ISAFP) compound in Camp Aguinaldo.
Only present yesterday were Army Brig. Gen.. Danilo Lim and Capt. Dante Langkit, and Marines Col. Januario Caringal and Armando Bañez. Lim is detained at Camp Crame, Langkit is in Fort Bonifacio in Taguig City, and Caringal and Bañez at the Naval Hospital in Cavite.
The absence yesterday of the 24 accused, led by Marine Maj. Gen. Renato Miranda and Col. Ariel Querubin, prompted the defense lawyers to move for a suspension of the hearing, arguing again that every accused must be present for every stage of his/her case as provided by law.
The military prosecution opposed, saying that the arraignment of the accused, which was supposed to be the business in yesterday’s hearing, can be done in batches.
“That decision is within the prerogative of the court and there is nothing illegal in it due to the fact that the rights of an accused who is absent will not be prejudiced because no arraignment will be conducted as to him. All of them will be given their day in court,” Judge Advocate General Office (JAGO) spokesman Maj. Emilio Felicen explained.
But the defense lawyers say the arraignment cannot be done if any one of the accused is absent because the common crime they are charged with, which is violation of Article of War (67), was allegedly done in conspiracy with each other.
The unresolved matter prompted the General Court Martial led by Maj. Gen. Jogy Leo Fojas to grant the motion of the defense. The next hearing will be on February 13.
Outside the courtroom, some wives of the accused who were transferred to Camp Aguinaldo, were emotional after they failed to see their husbands since Wednesday night.
Milette Almodovar said she and her two children were expecting to see her husband, Army Captain Montano Almodovar, during yesterday’s hearing but were unsuccessful.
She and Josefina Sales, wife of Captain Frederick Sales, expressed exasperation after going back and forth the courtroom and the ISAFP compound, only to be told by the people they ask that they do not know where their husbands are.
“Any person would worry and be afraid if they don’t see their loved ones. That is the feeling of a mother, a wife, a child. I hope it should not be this hard (to see my husband) because they are not convicted criminals. They fought for this country too, they fought in Camp Abubakar (against the Moro Islamic Liberation Front), the NPA (New People’s Army),” Almodovar said.
Mrs. Querubin said the 24 accused are now detained one by one in a cell at ISAFP, according to her husband. She said there is no electric fan in every cell, and their food are just served on Styrofoam, without even a pair of spoon and fork.
She said the 24 arrived at the ISAFP compound at around 9pm Wednesday, and were told that their transfer is only temporary for a week.
She expressed fear, however, that while in Camp Aguinaldo, the Arroyo government might link the 24 officers to any destabilization effort.
AFP chief of staff Gen. Hermogenes Esperon, Jr. had earlier said that he approved the transfer of detention of the Tanay detainees so those who are sick will be easily brought to hospitals.
In a statement, AFP spokesman Lt. Col. Bartolome Bacarro admitted yesterday that a review is already being made “for a possible curtailment” of the privileges of the accused after they apparently misbehaved last February 1 when they were supposed to be transported to Camp Aguinaldo for the GCM hearing.
“The ungentlemanly, impolite and offensive behavior shown by Col. Ariel Querubin and Col. Orlando de Leon towards their military guards has manifested a worsening discipline among the ranks of officers,” Bacarro said.
Citing an incident report of Col. Arnulfo Marcos, the commander of the AFP Custodial and Detention Center, Bacarro said Miranda, Querubin and de Leon intentionally refused to attend the February 1 hearing by making alibis they were sick and it is their right not to attend the proceedings.
Bacarro said a medical check up immediately conducted on Querubin and De Leon showed they were actually “fit to travel” that day.
“The incident report also recounted how co-accused Lt. Col. Achilles Segumalian, Almodovar, and Sales prevented the senior officers from being brought out of the detention center,” he said.
Bacarro said the “misconduct” of the accused officers “manifested their desperate attempt to defy authorities and delay the ongoing proceedings” of the court martial.
“As a result of this incident, the AFP is looking at charging these officers for possible violation of the Articles of War and other related laws,” he said.
Meanwhile, the hearing also yesterday of the Magdalo Group over the 2003 Oakwood Mutiny did not prosper after the defense moved for the inhibition of Col. Pedro Herrera-Davila as Trial Judge Advocate because he also acts as legal adviser of Esperon.
Defense lawyer Argee Guevarra said Herrera-Davila might influence the decision later of Esperon should he decide over the ruling of the General Court Martial.
The next hearing was set for February 14./DMS
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment