Theodore Te of the Free Legal Assistance Group (FLAG) asked Judge Oscar Pimentel to reject the petition of Army 1Lt. Lawrence San Juan to change his plea from not guilty to guilty in a lesser offense of conspiracy, because none of the accused had been established to have been part of any conspiracy in relation to the mutiny.
Te represents Air Force Capt. Segundino Orfiano Jr., Lt. Francisco Ashley Acedillo, and Lt. Billy Pascua.
Te used to represent San Juan until he was "fired’’ last year and replaced with Jean Paolo Primavera.
Junior military officers belonging to Magdalo, a military brotherhood, took over the posh Oakwood Premier in Makati to denounce corruption and to demand the resignation of President Arroyo and top civilian and military officials.
Lt. Senior Grade Antonio Trillanes IV, who is now detained at Fort Sto. Domingo in Sta. Rosa, Laguna, was the acknowledged leader of the mutineers.
Te said that despite the prosecution lawyers’ presentation of 18 witnesses and numerous documents, there was still nothing to substantiate claims that there was a conspiracy among the accused to stage a coup d’etat.
"In the absence of any indication in accused San Juan’s motion to change plea that there is at least another person involved, there is no conspiracy present and, thus, there is no felony that exists even for purposes of a plea bargain,’’ Te said in his comment filed with the court.
"Conspiracy to commit coup d’etat as a felony cannot legally and factually exist if only one person is claiming responsibility for it,’’ Te’s comment stated.
The witnesses presented by the prosecution included soldiers belonging to the so-called Magdalo group who did not take part in the Oakwood takeover.
Former Armed Forces chief Efren Abu also testified against the defendants.
Te said allowing San Juan to change his plea would "tar the other accused with the same brush.’’
"By conforming to this motion and this deal, the prosecution would effectively be allowed to obtain indirectly what it could not prove or obtain directly – the hint of a conspiracy to commit a non-existent coup d’etat,’’ he said.