Military mutineers oust tribunal head

They might have failed in their bid to oust President Arroyo in a military uprising two years ago, but core leaders of the Magdalo rebel group, in a successful maneuver, were able to oust the president of the military tribunal out to try them and 200 of their men in a general court martial.

The ouster of Brig. Gen. Ferdinand Bocobo as president of the eight-man military panel and his replacement, Col. Jose Recuenco, was considered by the prosecution as a major setback for the speedy trial and the resolution of the military case against the accused.

Their ouster from the military tribunal came after LtSg. Antonio Trillanes IV and Marine Capt. Gary Alejano, both exercised their right to a peremptory challenge and used this against the two military judges.

Entering as counsel for Trillanes, Ruel Pulido said his client was just exercising his right to challenge Bocobo from the tribunal.

"Since there is a challenge on my behalf, then I will excuse myself. The next senior officer, Col. Jose Recuenco, will take over with five members," Bocobo said before relinquishing his post.

Less than a minute later, Alejano also signified his intention to exercise the same right against Recuenco, a move that successfully resulted in the indefinite suspension of the proceedings due to lack of quorum as the court was left with only four members.

Thursday’s proceedings marked the first time since October 2003 that an accused exercised the right to challenge the presiding officer of the court.

"This is a setback," said chief military prosecutor Col. Jules Magno.

Pulido, for his part, blamed Magno for the prosecution’s insistence for the consolidation of all the charges filed against the mutineers, to include the 29 key leaders of the failed military revolt.

"We’ve been telling the court and the prosecutors that a separate military tribunal should be convened to try the 29 officers, because the Bocobo court should be hearing only the five cases filed against the remaining accused," Pulido said. "Ayaw nilang makinig, kaya hayan ang nangyari."

He said the with latest development, Bocobo was effectively removed as president of the military trial hearing the five cases against about 260 officers and enlisted men for the role in the failed Oakwood uprising.

Trillanes and Alejano both refused to talk with reporters regarding their respective moves, with Pulido merely saying: "When your right to reason fails, then it is time to exercise your right to peremptory challenge."

Under the manual for a court martial, an accused can exercise his right to peremptory challenge any member of the tribunal, except the law member, without any explanation being asked.

He can also exercise his right to pose a challenge for cause against anyone, including the law member.

The group of 29 officers headed by Trillanes stand accused of violating Articles of War 96, or conduct unbecoming an officer and gentleman. They also face coup charges before the Makati City Regional Trial Court where they were allowed to post bail.

Earlier, Army Capt. Milo Maestrecampo told the court that since peremptory challenges could not be imposed against the law member, he was exercising his right to challenge for cause Navy Capt. Nemesio Nabal.

"As an accused, I would like to express my manifestation that I have lost my faith in the law member. I think he has lost his sense of fairness. I would like to challenge him for cause," Maestrecampo told the court, referring to Nabal.

When told that it was not yet the time for exercising the right to challenge for cause, Maestrecampo said he would simply do it "at the appropriate time."

After the proceedings, Pulido said the appointing authority would have to appoint a new court president to arraign the so-called Oakwood leaders and try the other soldiers accused of violating provisions in the Articles of War.

"It can no longer be called the Bocobo court. Or it will be a Gen. Bocobo Court without Gen. Bocobo. The convening authority will appoint alternate members who are also subject to our challenges," Pulido told reporters.

But Magno maintained that Bocobo was ousted only in the case against Trillanes’ group and would still be presiding on the case against the over 200 officers and men, most of whom have been arraigned.

"That’s what they have been trying to avoid — having the case against the leaders be consolidated with the other cases. So, what could happen is that there might be two courts trying all the cases with all the same pieces of evidence," Magno said.