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A Makati court Friday ordered to move the pre-trial hearing of
detained Senator Antonio Trillanes 4th and other Magdaló members on
their rebellion case stemming from the failed uprising at the Manila
Peninsula hotel late last year.
In a two-page ruling, Makati Regional
Trial Court Judge Elmo Alameda said he is moving the July 7, 2008
pre-trial conference to August 13, 2008 to respect the defense’s
petition for certiorari, which has yet to be resolved by the Court
of Appeals.
The court said it granted Trillanes’
motion to postpone “so as not to render moot and academic” any
decision or ruling which the appellate court may issue.
Lawyer Ernesto Francisco Jr., counsel for
Trillanes, is asking the appellate court to issue a temporary
restraining order against the lower court since they are questioning
the former’s decision, which found probable cause to indict his
client and several other Magdaló Group officers for rebellion.
Trillanes also faces coup charges before another
Makati court for his participation in the July 2003 Oakwood mutiny.
Francisco also said that they also moved
for the cancellation of next week’s proceedings to allow the court
to examine and mark documents and other supposed evidence, which
will be used by the prosecution against the defendants in the
pre-trial hearing.
“Moreover, based on the documents
already produced, as well as those still to be produced, the accused
will be filing certain motions which have to be resolved prior to
the conduct of pre-trial,” Francisco added.
The defense earlier asked Alameda to order
officials of the Philippine National Police and the prosecution to
produce and submit to the court the documents and alleged evidence
in their possession, which they have failed to furnish the defense
copies of.
The court granted the motion, giving
Francisco the opportunity to see what will be used against his
clients in case the trial does push through.
The defense believes that the
prosecution’s own documents and that of the national police,
including reports, records, and the likes, will show that Trillanes
and members of the Magdaló Group who allegedly participated in the
Peninsula incident should have not been charged with rebellion.
-- Jayson Cruz Luna
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