Special general court-martial president Lt. Gen. Alexander Yano rejected the petition for the dismissal of the case against the 28 including former Marine commandant Maj. Gen. Renato Miranda and Maj. Jason Aquino, saying "pending Supreme Court order, we will continue with the proceedings." Miranda did not show up yesterday because he was down with flu.
Civilian defense counsel Frank Chavez walked out of the courtroom in protest.
"I have reached a point that this proceeding is no less than a kangaroo court. The conviction of the accused is just in the waiting. I can no longer participate in these sham proceedings," Chavez said.
Chavez also argued that GCM was illegally convened because the one who organized it, Armed Forces chief Hermogenes Esperon Jr., was himself the "accuser, the witness, and the reviewing authority."
Chavez vowed not to attend anymore the military proceedings saying he would instead seek relief from the Supreme Court.
In seeking the dismissal of the case, Chavez cited a pre-trial report now known as the Perreras report that recommended the dropping of the mutiny case against the 28 accused for lack of evidence.
Tempers flared up during the deliberation with one of the accused Lt. Col. Achiless Segumalian angrily telling one prosecutor to let a defense lawyer complete an oral argument before butting in.
"You keep on talking, why don’t you let him finish first," Segumalian told Lt. Col. Feliciano Loy.
Segumalian, as commander of the 2nd Marine Battalion, led the barricading of the Marine Headquarters on Feb. 26, 2005.
After a break, the prosecution panel stood up to state that it was not Esperon but a military lawyer Capt. Armando Paredes of The Trial Judge Advocate General (TJAG) who was the "accuser" in the case.
"Mr. Paredes we will look at you after this. If you are our accuser please tell me where I was then," Marine Lt. Col. Orlando de Leon told Paredes sarcastically.