Officer in Oakwood sets plea bargain
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Following story by Ashzel Hachero:
Courtroom sidelights: click here.
An Army officer accused of participating in the 2003 Oakwood mutiny is set to withdraw his not guilty plea to the coup d’état charge and plead to a lesser offense.
Speaking through his counsel Paulo Primavera, Lt. Lawrence San Juan yesterday told Judge Oscar Pimentel of Branch 148 of the Makati regional trial court that he is ready to enter into a plea bargaining agreement and plead guilty to the crime of conspiracy to commit coup d’état.
Conspiracy to commit coup d’état is punishable with six to 12 years imprisonment while coup d’etat carries the maximum penalty of life imprisonment.
“We will file a petition for a change of plea to guilty of the lesser offense of conspiracy,” Primavera told Pimentel.
He also said he will seek the conformity of the justice department before formally filing the petition changing San Juan’s plea.
Primavera said they will file the plea within 10 days after securing the approval of the prosecution headed by Assistant Chief State Prosecutor Richard Anthony Fadullon.
Asked after the hearing what prompted San Juan’s decision, Primavera declined to comment, saying it might prejudice his client’s case.
Fadullon said San Juan’s decision only proved the case against the officer is strong.
The prosecution has presented 18 witnesses, including members of the Magdalo who did not actually participate in the take-over of the Oakwood apartments in Makati City, and former Armed Forces chief Efren Abu.
State Prosecutor Juan Pedro Navera said they would evaluate San Juan’s plea in relation to the case of his co-accused.
One of the Magdalo leaders, sacked Navy Lt. (s.g.) Antonio Trillanes IV, said he does not begrudge San Juan for his decision.
“,wholesale replica wallets;He has every right to do whatever he wants but knowing him, he just might change his conviction later,” he said.
Another leader of the group, Marine Capt. Nicanor Faeldon, said: “I have no right to tell anyone how to live his life so I respect his decision. But that will not mean I agree with him. As to the effect of this on our case, let the court determine that. I do not want to preempt the proceedings.”
Defense lawyers said San Juan’s decision will not substantially affect their case.
“It has no direct bearing on our case but it might have some effect especially since you cannot conspire alone but we should be aware of where he came from,” said Theodore Te, lawyer of Faeldon and several other accused.
Reynaldo Robles, Trillanes’ lawyer, said San Juan’s decision was suspect.
“,designer sunglass;It is highly irregular, considering that the prosecution has already rested its case. They are just trying to put down my client. It’s part of the pressure against him,replica hermes,” Robles said.
“Technically his testimony cannot be used against the other accused. It would be a violation of the rules that the testimony of a co-conspirator cannot be used against his co-conspirator. If they do allow it, it would be an attempt to circumvent the rules,” Robles added.
He said that they will oppose San Juan’s plea bargain bid.
San Juan and the other members of the Magdalo group are under trial before the Makati regional trial court for their alleged involvement in the 2003 mutiny.
Out of the 31 accused junior officers, 27 attended yesterday’s proceedings. Army Lieutenants Luis Somera and Cleo Dungga-as, Capt. Milo Maestrecampo, and Marines Lt. Jonel Sanggalang waived their appearances.
San Juan bolted detention at Fort Bonifacio on January 17 last year but was recaptured about a month later in Sto. Tomas, Batangas. – Ashzel Hachero and Victor Reyes
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