Military court junks officer's petition in Al-Barka case

MANILA, Philippines - A military tribunal has junked a motion by a military officer to drop the case against him in relation to the bloody Al-Barka clash that left 19 soldiers dead last year.

Col. Feliciano Loy, member of the general court martial (GCM) trying the officers tagged in the Al Barka incident, said they have voted to deny the motion of Col. Aminkadra Undug, the former chief of the Army’s Special Forces Regiment (Airborne).

“He (Undug) filed a motion for reconsideration so after the oral arguments, the court deliberated in close session,” Loy said.

“The court voted to deny the motion for reconsideration because no new matters or defense (were presented) by Col. Undug. The arguments are based on the old ones,” he added.

The denial of Undug’s motion means that the trial on the case against him would continue.

“In other words, Col. Undug will present his evidence in the next trial,” Loy said.

The next court martial hearing on the Al Barka case will be held on November 27.

The GCM believes Undug has to explain why some students of the military scuba diving course were deployed in Al Barka before the encounter happened.

Nineteen soldiers were killed and 14 others were injured after Army troops clashed with Moro Islamic Liberation Front (MILF) members at sitio Baisung, barangay Cambug in Al Barka town on Oct. 18, 2011.

Soldiers who figured in the clash were supposed to serve a warrant of arrest on MILF commander Dan Laksaw Asnawi, who was tagged in the killing of 14 Marines in Basilan in 2007, lawless element Long Malat and Abu Sayyaf leader Furuji Indama.

Undug and three other officers namely Col. Orlando Edralin, Col. Alexander Macario and Lt. Col. Leo Pena have been accused of violating Articles of War No. 97 or conduct unbecoming of an officer and gentleman in conjunction with Article 365 of the Revised Penal Code for acts of negligence; Article no. 97 or disorders and neglects to the prejudice of good order and military discipline and Article no. 84 or willful or negligent loss, damage or wrongful disposition.

Macario and Edralin have been cleared of all the charges against them. Undug was also cleared of the other charges against him except that pertaining to the deployment of scuba diving students.

Undug has claimed that the sending of scuba divers was a mater of exigency that required prompt action.

On the other hand, Pena has entered a not guilty plea on the charges against him. The GCM will decide on Pena’s motion on November 27.