By ELLEN TORDESILLAS
THE prosecution in the court martial of the 28 officers charged with mutiny in connection with the February 2006 alleged withdrawal of support from Gloria Arroyo is blocking the release of the 11 officers acquitted last Oct. 15.
Trial Judge Advocate Lt. Col. Feliciano Loy said last Oct. 21, he asked for the nullification of the court’s decision acquitting the 11 of the 28 respondents and moved to “reopen to adduce additional evidence.”
Loy said in his motion, he said the court headed by Maj. Gen. Jogy Fojas denied the prosecution due process when it ruled on the motion of the defendants for a ruling of not guilty on the same day the accused submitted their respective “Motion for the Finding of Not Guilty.”
But he also admitted that the court granted the motion of not guilty of the 11 accused “after a lengthy argument and counter argument by the prosecution and defense panels.”
The 11 officers who were acquitted were Marines Col. Januario Caringal; Lt. Colonels Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez; Captains Ruben Guinolbay, Frederick Sales and Allan Aurino; and First Lieutenants Ervin Divinagracia, Jacon Cordero, Sandro Sereno and Richiemel Caballes.
Loy said the prosecution has discovered new evidence and if his motion is approved, he is asking for 15 days to present evidence.
“The prosecution is in the process of finalizing the lists of additional winesses and/or proofs to pin down some of the accused who conspirted with one another in committing the offense of mutiny as charged.
The court has scheduled the decision on the 17 remaining defendants at 1 p.m. Tuesday.
The 17 are led by former Marines commandant Maj. Gen. Renato Miranda, former Scout Rangers head Brig. Gen. Danilo Lim, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon.
Others are Col. Orlando de Leon, Col. Armando Bañez, Lt. Col. Achilles Segumalian, Maj. Jason Laureano Aquino, Maj. Jose Leomar Doctolero, Capt. James Sababan, Capt. Montano Almodovar, Capt. Joey Fontiveros, Capt. Isagani Criste, Capt. William Upano, Capt. Dante Langkit, 1Lt. Belinda Ferrer and 1Lt. Homer Estolas.
When asked why he is blocking the release of the 11, who had expected their release orders last week, Loy said, “Kasi kawawa naman ang 17. Nakalabas ang iba, sila nakakulong pa (It’s unfair to the 17. Their companions have been released but they’re still incarcerated).”
Told that the 17 might as well be freed, Loy laughed.
He denied that he is under pressure “from above” to block the release of the rebel officers.