Army Capt. Gerardo Gambala had expressed his readiness to be a state witness against the Magdalo group of officers who staged the Oakwood mutiny on July 27, 2003.
Assistant Chief State Prosecutor Richard Anthony Fadullon, however, said the prosecution panel has yet to receive any communication from Gambala or his lawyer.
If he can prove himself to be the least guilty among those charged with coup d’état, Gambala may qualify as a state witness with all charges against him dropped.
"We could use his testimony, we will definitely consider it. But we are not the ones who will approach him," Fadullon explained.
Gambala is among the Magdalo group of officers currently detained and charged with coup d’état before the Makati City regional trial court.
The Magdalo officers led some 300 of their men in seizing the Oakwood Premier Ayala Center in Makati City’s central business district to highlight their mutiny against President Arroyo and the top brass they had accused of high-level corruption.
Gambala recently made a surprise appearance in a government video documentary in which he revealed the plans and details of the Feb. 24 failed coup attempt under "Oplan Hackle."
The 15-minute documentary that featured Gambala had sought to dispel allegations that President Arroyo’s Proclamation 1017, which placed the country under a state of national emergency, was unnecessary.
Gambala would appear for the first time today before the sala of Makati RTC Branch 148 Judge Oscar Pimentel after his appearance in the video released by Malacañang.
"We don’t know what his (Gambala’s) intentions are. We are asking around but we still don’t know for sure," Fadullon told The STAR.
But if he wants to cross the fence and join the prosecution, Fadullon said Gambala would be welcomed since his testimony could strengthen the evidence against his comrades in the Magdalo group.
Fadullon stressed the Department of Justice (DOJ) and the court will have to initially determine and evaluate if Gambala is qualified to be a state witness under the law.
It was gathered that Gambala’s comrades in the Magdalo faction had expressed dismay upon seeing their fellow officer appear in the Malacañang video, presumably turning his back on their cause.