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By James Konstantin Galvez, Reporter
The former lawyer of Army Lt.
Lawrence San Juan has asked the Makati City court hearing the coup
d’etat case against 31 junior officers to reject San Juan’s
petition to plead guilty to the lesser charge of conspiracy.
Theodore Te, who represents Air
Force Capt. Segundino Orfiano and Lts. Francisco Ashley Acedillo and
Billy Pascua, told Makati Regional Trial Court Branch 148 Judge
Oscar Pimentel there is no basis to approve San Juan’s plea since
none of the other accused have been shown to have taken part in any
conspiracy in relation to the 2003 Oakwood mutiny.
Te said the prosecution, despite
presenting a total of 18 witnesses and voluminous documents during
its presentation, failed to prove conspiracy to commit the mutiny.
He said the Rules of Court allow
a plea bargain only to a specific crime which he emphasized must be
included in the offense charged.
Te said allowing San Juan to
change his plea would “tar the other accused with the same
brush” and prove indirectly what the government prosecutors have
failed to prove directly.
Te and Reynaldo Robles, counsel
for Magdaló leader Navy Lt. SG Antonio Trillanes IV, earlier
questioned the motive behind San Juan’s decision to change his
plea at a time when the prosecution had already wrapped up its case.
San Juan, Army Lts. Nathaniel
Rabonza, Sonny Sarmiento and Patricio Bumidang escaped from Fort
Bonifacio early last year but were recaptured several weeks later.
Te was San Juan’s lawyer until
San Juan replaced him last year Jean Paolo Primavera.
The charge of coup d’état
carries a maximum term of life imprisonment, while a charge of
conspiracy is punishable with 12 years imprisonment.
If the Court agrees to the plea
bargain, San Juan could post a bail of P80,000 for his temporary
liberty.
He, however, stands accused
before a military court of conduct unbecoming of an officer and
prejudicial to good order and discipline in the military.
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