Defense, prosecution to agree to speed up court martial proceedings against alleged Feb 06 coup plotters

By Ronron
February 1, 2008

The defense and military prosecution agreed Friday to come up with proposals to fast track the court martial proceedings against the alleged coup plotters last February 2006.

This even as both sides agree that there is really no need to rush the arraignment of the 28 accused because they are charged with mutiny, which is not covered by the case prescription rule.

The accused Marine and Army officers, led by Marine Maj. Gen. Renato Miranda and Army Brig. Gen. Danilo Lim, are charged with Articles of War 67 (Mutiny or Sedition) and Articles of War 96 (conduct unbecoming of an officer and a gentleman) over their alleged participation in an attempted power grab plot on February 24 and 26, 2006. Some of them are also facing other additional charges.

Under the prescription rule, a case, except of mutiny, may be dropped against a military personnel if no arraignment happens two years since the commission of the alleged crime.

At the opening of yesterday’s proceedings held at Camp Aguinaldo, lead prosecutor Lt. Col. Jose Feliciano Loy said that the main business for the day is the arraignment of Miranda, Lim, Marines Col. Ariel Querubin, Col. Orlando de Leon, Col. Januario Caringal, Col. Armando Bañez, and Army Lt. Col. Nestor Flordeliza.

Of the seven, only Lim, Caringal and Bañez were present since the four others, who are detained at Camp Capinpin in Tanay, Rizal are either sick or refused to be transported to Camp Aguinaldo.

But when Loy said that the arraignment of the seven can proceed, defense lawyer Vicente Verdadero, who represents Lim, stood up and moved for a suspension of the hearing.

Verdadero said he is proposing that the defense and prosecution should first meet so as to come up with an agreement on some ground rules that could fast track the proceedings.

The defense maintains that the accused cannot be arraigned until they are able to exercise their right to challenge for cause, and if other accused are not present.

“This is a case of conspiracy so you cannot arraign one without the others. The law states that an accused has to be present for every stage of his case,” defense lawyer Rodrigo Artuz, who represents Miranda, told reporters after the proceedings.

But the prosecution said the arraignment can proceed even if not all accused are present because it is an individual exercise.

After a sidebar discussion, the GCM granted the motion of the defense.

“The Trial Judge Advocate and the defense lawyers are directed until February 6 to come up with proposals and counter-proposals for a speedy conduct of the proceedings. Meantime, the next scheduled hearing is on February 7,” GCM president Maj. Gen. Jogy Fojas said before adjourning the proceedings.

Yesterday’s proceedings started past 11:30am and ended at around 12:15noon./DMS