No hearing scheduled yet on Aquino espionage case

NEW YORK — The Philippine Consulate General here said yesterday that there is no definite schedule yet for the hearing on the espionage case against cashiered police colonel Michael Ray Aquino.

Consul General Cecilia Rebong said the preliminary hearing on the case has been postponed after Aquino’s court-appointed lawyer requested more time to make a proper pleading for the defense of the former Philippine police official.

"He (the lawyer) has to discuss some matters with the US Attorney General’s Office before he’s able to make substantive application on behalf of his client on his detention and bail hearing," Rebong said. 

Rebong pointed out that Aquino also has a pending immigration case concerning the legality of his stay in the United States.

Rebong explained Aquino is a holder of a valid Philippine passport despite the charges filed against him in the Philippines and the US courts.

Aquino went into hiding in the US after being implicated in the kidnap-murder of public relations man Salvador "Bubby" Dacer and driver Emmanuel Corbito in November 2000.

"He’s a holder of a Philippine passport and it’s valid. This is a case where we can’t cancel a passport just because somebody is being charged in a foreign court," Rebong pointed out.

Although the hearing on the espionage case against Aquino has been deferred, Rebong said the case against suspended Federal Bureau of Investigation (FBI) intelligence analyst Leandro Aragoncillo will proceed today at the New Jersey District Court.

Rebong also revealed US authorities have imposed tight security on Aquino and Aragoncillo, who are detained in separate cells and have had no contact or access to one another.

Consul Ma. Lourdes Legaspi was able to talk to Aquino yesterday afternoon at the Passaic County Jail in New Jersey.

Legaspi led a medical team to check on the medical condition of Aquino.

Legaspi also queried Aquino on whether he had been treated well and if he had other requests that the consular office could grant or make arrangements on his behalf.

Aquino had requested the Consulate to make representations for his family and allow them to visit him at detention at Passaic County Jail where he has been for a week.

"We’ll look into that and we’ll talk to the Passaic authorities," Rebong said.

Legaspi learned from prison authorities that Aquino’s wife and son were not allowed to visit him since they could not present any proper identification.

Aquino has also requested prison authorities to allow him to exercise for a few minutes outside his detention cell.

"He’s allowed to go out of the detention cell but not in the outside and there are designated hours. He was given books to read and he can borrow books. He was also offered gym facilities but he has not used it because when he was offered he wasn’t feeling well," Legaspi said.

The consulate’s legal officer said Aquino did not discuss with her the espionage case filed against him and Aragoncillo for spying and passing classified information to Philippine officials.

"He’s not supposed to discuss the case with other people," Rebong explained.

The prosecution is set to present evidence against Aquino during the court hearing to determine if custody over him will be transferred to US immigration authorities or if he would remain in Passaic County Jail in New Jersey.