Oakwood mutiny leaders fail to get freedom

The military court postponed for the second time yesterday its decision on whether to dismiss the cases against 29 junior officers who led the short-lived Oakwood mutiny in July 2003.

The court was supposed to make a decision last Thursday but the hearing was postponed because there was no replacement yet for two of its members, Maj. Maria Victoria Girao and Lt. Col. Ajerico Amagna, who inhibited themselves based on a petition filed by the accused.

In adjourning yesterday’s proceedings, court president Maj. Gen. Vicente Guerzon said they needed more time to evaluate the case and come up with an "intelligent decision." He said the ones who replaced Girao and Amagna had just joined the court yesterday.

"The court unanimously deemed it proper and correct to be given ample time to discuss the merits of the case, considering further that all motions forwarded are interrelated and cannot be ruled on individually," Guerzon said.

He said the court will resume hearings on Aug. 5 in order to pass a "fair, objective" ruling.

Girao and Amagna were replaced by Colonels Antonio Matias and Silvino Alcabasa, who were sworn in as members of the special general court martial yesterday.

The defense counsels have asked the court to drop the charge of violation of Article of War 96, which covers conduct unbecoming an officer and a gentleman, against 27 of the 29 junior officers on the grounds that military prosecutors failed to have them arraigned within the two-year prescription period, which ended at midnight on July 26.

Prosecutors, led by Col. Pedro Herrera-Davila, blocked the defense’s motion to dismiss the case and the eventual release of the mutinous soldiers. — Cecille Suerte Felipe