27 accused soldiers walk out of court martial

THE officers being court martialed for last year’s attempt to grab power walked out of the courtroom with their lawyers Friday afternoon to protest the military tribunal’s decision to proceed with the hearing despite the unresolved questions on the basis for their trial.

Twenty-seven of the 28 accused walked out when the court waived the right of four junior officers to exercise peremptory challenge when they refused to challenge any member of the general court martial.

The 28th accused, Marine Col. Januario Caringal, was not present, being confined at the Manila Naval Hospital due to hepatitis.

Before the walk-out, the court ordered the prosecution panel to clarify with the court’s convening authority, AFP chief of staff Hermogenes Esperon, if he had approved the pre-trial advice (PTA) of his staff judge advocate.

The PTA reversed an earlier recommendation by a pre-trial investigation (PTI) panel to drop the mutiny charges against the accused and indict them only for conduct unbecoming an officer and a gentleman.

Esperon issued a memorandum in November 2006 ordering a court martial of the officers for offenses that include mutiny and conduct unbecoming, using the PTA and the PTI report as his basis.

Defense lawyers, however, contend that the accused are not legally charged because Esperon did not approve the PTA, while the prosecution insists Esperon’s November 2006 memorandum is proof enough that he had approved the PTA.

On the insistence of the defense, the court directed the prosecution’s Lt. Col. Jose Feliciano Loi to make a "written action" before Esperon’s office to establish if the PTA had been approved or not. After this, the tribunal ordered the proceedings to continue, turning down the defense request for a suspension.

Lawyer Francisco Chavez, saying that he could not participate in the "sham" proceedings where the accused not legally charged, left. He was followed by other defense lawyers, including those representing ex-Scout Ranger Brig. Gen. Danilo Lim and Col. Ariel Querubin, and Vicente Verdadero and Rodrigo Artuz, who said the trial should be suspended until the PTA question is resolved.

Two civilian defense lawyers – Trixie Angeles and Gilbert Gallos – stayed on with the military defense counsel Maj. Basilio Pooten.

Angeles asked the court anew to suspend the proceedings but was turned down.

The court then called Captains Isagani Criste, Frederick Sales and Allan Aurino, and 1Lt. Ervin Divinagracia to exercise their peremptory challenge but the four declined, pending the settlement of the PTA question. On the motion of the prosecution, the tribunal waived the right of the four accused to exercise their right to peremptory challenge.

At this point, Angeles, Gallos and the officers walked out with soldiers securing the courtroom unsuccessfully trying to stop them.