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By James Konstantin Galvez Reporter
Former Armed Forces chief and now
Middle East envoy Roy Cimatu could prove the existence of
Malacanang’s offer not to file charges against the rebel military
officers who led the 2003 mutiny at the former Oakwood Premier Hotel
in Makati City, lawyers for the Magdaló group said on Thursday.
Reynaldo Robles, legal counsel of
detained Senator and Magdalo leader Antonio Trillanes 4th said
Cimatu’s testimony is vital to prove that the agreement reached
between the government negotiating panel and the rebel officers was
approved by President Gloria Arroyo.
“All our witnesses, except
[Brig.] General [Danilo] Lim, did not say if that ‘gentleman’s
agreement’ has the President’s nod, and we’re counting on
Ambassador Cimatu to testify on that,” Robles said after
yesterday’s hearing at the courtroom of Judge Oscar Pimentel of
the Makati Regional Trial Court.
The “gentleman’s agreement”
Robles was alluding to was reportedly agreed upon by government
emissaries and Magdaló officers during the short-lived mutiny.
Under the supposed pact, the
government will not file criminal charges against all but five of
the 31 Magdaló officers, namely Trillanes, Lt. Senior Grade James
Layug, Army Captains Gerardo Gambala and Milo Maestrocampo and
Marine Captain Gary Alejano, in exchange for their surrender.
Cimatu was among the members of
the government panel who had convinced the rebel soldiers to stand
down.
Besides Cimatu and Lim, the other
members are of the panel are Air Force General Nestor Oban and
Commodore Feliciano Ange. The late Star publisher, Maximo Soliven,
was the lone civilian member of the negotiating panel. They have
earlier affirmed the existence of the agreement.
Defense lawyers are contending
that with the agreement in effect, there is no basis to charge the
Magdalós, as the Oakwood incident was not a coup attempt.
Thursday’s continuation of the
Magdalós’ trial for coup charges was reset to February 21 as
Cimatu, who was scheduled to testify, is on an official mission to
the Middle East until February 7.
Reacting to the postponement of
the hearing, State Prosecutor Richard Anthony Fadullon bewailed the
delay in the presentation of Cimatu.
“I just can’t understand why
they refused our offer to just stipulate the evidence,” Fadullon
said.
Of the 31 junior officers facing
coup charges, 25 attended Thursday’s proceedings, including
Trillanes, who along with 12 of the Magdaló officers are facing
separate case of rebellion for leading the November 29 standoff at
the Manila Peninsula Hotel.
Venue for February 2006 coup
trial transferred
Meanwhile, the venue of the
court-martial proceedings against those involved in the February
2006 foiled coup attempt will be moved to Metro Manila, military
officials said Thursday.
Major Emilio Felicen, spokesman
for the military’s Judge Advocate General’s Office said the
court proceedings will now be held at Camp Aguinaldo in Quezon City
on Tuesday next week.
“The change of venue was within
the prerogative of the court-martial as long as the rights of the
accused are upheld,” Felicen told reporters at Camp Aguinaldo.
Originally, the venue of the
court-martial proceedings against the 28 accused military was inside
the headquarters of the 2nd Infantry Division in Camp Capinpin in
Tanay, Rizal. Danilo Lim is among those involved in the February
2006 failed coup.
--With Anthony Vargas
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