BY VICTOR REYES

IN a show of defiance, military officers facing court martial for the supposed power grab attempt in February 2006 yesterday refused to be brought to the court in handcuffs.

The court martial proceedings were held in Camp Capinpin in Tanay, Rizal, where 26 of the 28 accused Army and Marines officers have been detained for almost two years.

The court opened proceedings at around 10:30 a.m. and recessed for lunch about two hours later after discussions on the absence of 24 of the accused officers.

It was supposed to resume proceedings at 2 p.m.

At around 3:30 p.m., two companies (about 240 soldiers) in full battle gear and aboard three trucks formed a few meters from the detention cell of the officers who refused to be brought to the court in handcuffs on the ground they had not been convicted.

It was a "show of force," said Lt. Col. Charlie Galvez, assistant chief of staff for civil military operations of the Army’s 2nd Infantry Division based in Camp Capinpin, of the deployment of troops.

"They just wanted to flex their muscle. The court had been diplomatic to give some compromise but in this case, there is a need to impose the will of the court," he said.

About 15 minutes later, the court reconvened only to adjourn shortly because of the absence not only of the accused but also of the defense lawyers.

Col. Arnulfo Marcos, commander of the AFP custodial center, said he was ordered verbally by Col. Ireneo Espino, chief of the AFP headquarters support group, to bring the accused to the court in handcuffs "for security reasons."

But the accused "refused to come in handcuffs," Marcos told the court on questioning of defense lawyers.

There was also an order for the accused to be brought to the court in batches of four.

Marcos was later pressed by defense counsel Dante Atienza for his apparent double standard in enforcing the order.

Atienza noted that four of the accused, Brig. Gen. Danilo Lim, Col. Ariel Querubin, Col. Orlando de Leon and Maj. Francisco Fernandez, were brought to the court without handcuffs.

Lim was brought to Camp Capinpin from the PNP custodial center in Camp Crame where he has been detained for the November 29 Manila Peninsula standoff. He used to be detained in Camp Capinpin along with 26 other officers led by Maj. Gen. Renato Miranda, former Marines commandant.

A 28th accused, Capt. Dante Langkit, is detained at the Army headquarters in Fort Bonifacio, Taguig.

TEMPERS FLARE

Marcos, irritated by Atienza’s barrage of questions, challenged the defense lawyer to a fistfight.

An irked Atienza and fellow defense lawyer Alex Avisado moved that the court declare Marcos in contempt.

But Maj. Gen. Jogy Leo Fojas, the court’s president, merely censured Marcos for his remarks.

Pressed by Atienza why four of the accused were transported to the court without handcuffs, Marcos said it was Fojas who ordered him to "bring the four (accused) even without handcuffs."

UNRULY BEHAVIOR

Fojas later admitted the court planned to arraign the accused in batches because the accused, he said, were unruly in previous hearings and the defense lawyers could not control their clients, referring to a hearing last December.

Defense lawyer Vicente Verdadero belied Fojas’ statement, saying the accused were "just expressing their grievances" for the court’s decision not to allow some of the accused to exercise their right to peremptory challenge.

"They would like attend the proceedings but they were prevented... what is the military afraid of that warrants their handcuffing? If they (military) want to humiliate them, they are not going to succeed," said Verdadero who represents Lim.

CO-CONSPIRATORS

The defense moved for the postponement of the proceedings because of the absence of the other accused. It said proceeding with the arraignment without the other accused in attendance is "irregular."

Defense lawyer Trixie Angeles said the accused could not be arraigned since they are charged as co-conspirators.

"This stage of the proceedings is crucial because they are charged with conspiracy. Their presence all throughout is essential," she said.

Prosecution lawyer Col. Jose Feliciano Loi said there will be no irregularity if the court proceeds with the arraignment because "we are not going to proceed with the arraignment of those who are absent."

"It will not prejudice the others because we are going to proceed with the arraignment of those who are here."

The court sided with prosecution.

HYPERTENSION CASES

At the resumption of the hearing, the four officers who earlier showed up were no-shows.

Querubin, De Leon and Fernandez did not show up because they also did not want to be handcuffed, Marcos said.

Lim was brought back by his custodians to Camp Crame because his blood pressure shot up to 180/120.

Lim was brought to Tanay in a six-vehicle-convoy guarded by scores of Special Action Force members. He was aboard a PNP-marked pick-up. Another pick-up and two vans had policemen on board. A medical van and a truck of SAF personnel also made up the convoy.

The defense lawyers also did not return to the courtroom.

Two of them explained their absence. Verdadero said his blood pressure also went up after eating squid and "binagongan" for lunch. Rodrigo Artuz said he has to go back to Camp Aguinaldo to attend a meeting of retired generals.