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Noy bids to quash SAF debacle raps

AQUINO NO-SHOW IN SANDIGAN

The camp of former President Aquino has moved to quash the graft and usurpation of authority charges against him regarding the Mamasapano debacle in January, 2015 as his lawyers insisted that the allegations raised against the former President, including tapping then suspended Philippine National Police (PNP) Chief Alan Purisima to lead Operation Plan Exodus, were not enough to indict him. 

Oplan Exodus targeted Malaysian terrorist Zulkifli bin Hir alias Marwan but the operation went awry after the elimination of Marwan causing the death of 60 individuals, including 44 commandos of the elite Special Action Force (SAF) unit of the PNP.
“Even if the allegations in the information (against Aquino) are proven, those will not be sufficient to convict him as it doesn’t constitute an offense,” Aquino’s counsel Romeo Fernandez said.
He said the basic information in their motion to quash was basically that the information does not charge an offense in the case.
He added that it will depend on the result of their motion but in the event it was granted there would be no arraignment.
The anti-graft court gave the prosecution panel 10 days to reply to the motion of the Aquino camp.

In a motion filed with the Sandiganbayan, Aquino’s counsel said the complaint failed to indicate “pretenses, devices, fraud or deception were employed by Aquino in ‘causing’ Mr. Purisima to act as PNP chief during the planning and implementation of Oplan Exodus.”
The Ombudsman filed a complaint against Aquino last November accusing him of “willfully, unlawfully” causing Purisima to “perform and/or exercise the function of the chief of the PNP over Oplan Exodus prior to and during its implementation, despite having knowledge that Purisima was under preventive suspension.”
The Ombudsman also cited Aquino’s act allowing Purisima to take part in Oplan Exodus through his presence in the Jan. 9, 2015 meeting in Bahay Pangarap to discuss Oplan Exodus despite the latter’s suspension.
Aquino allowing Purisima to join the meeting “was not, by itself, a pretence or a false misrepresentation as Purisima was lawfully entitled to act as PNP chief at that time,” according to the motion.
“As former Chief Executive, Mr. Aquino exercised control and supervision over the PNP, such that he could require or allow any police officer to attend, and even exclude any such officer from the Jan 9, 2015 meeting which he himself presided over,” it added.
“Being the President, Commander-in Chief, and leader of the country’s police forces, Mr. Aquino can give instructions to any soldier or police officer to coordinate with the AFP, and ensure that such instructions are carried out,” it said.
Aquino “communicating exclusively” with Purisima on the day of the raid as to the progress of Oplan Exodus through text messages was also “not a deceitful pretence” in the performance of duties, the motion said.
“Receiving updates from the then suspended Mr. Purisima is not prohibited by law,” the motion added.
Noynoy a no show
The filing of the motion to quash prompted the Sandiganbayan to reset the arraignment of Aquino over the Mamasapano incident. Aquino was supposed to enter a plea but the arraignment was rescheduled for February 15 pending the responses from the opposing camp to the motion.
Aquino did not show up at the hearing and was only represented by his legal counsel.
Aquino along with Purisima and former SAF commander Director Getulio Napeñas was charged in connection with the botched Oplan Exodus.
Aside from Marwan, the operation targeted Marwan and his local henchmen Abdul Basit Usman.
Marwan was killed during the operation but Usman although wounded managed to escape but months later he was killed.
The death of the 44 SAF personnel came after they were engaged by armed men while they were about to leave the area.
The charges against Aquino as a result of the botched operation was appealed by the complainants composed of families before the Supreme court.
The families wanted Aquino to be charged for 44 counts of reckless imprudence resulting to homicide instead of graft and usurpation of official functions.
“Since it is a motion to quash, the presence of Aquino is not required,” said Fernandez.
Fernandez said the motion to quash has to be resolved first before there would be an arraignment.
Ombudsman Special Prosecutor Adonis Laure that it is okay that Aquino did not attend because he was represented by his lawyer and it is a hearing for a motion to quash.
“It is okay that he is not around since he has a motion and naturally if there is a motion to quash the arraignment is cancelled,” Laure said.

 

 

2 comments

  • deng

    moro moro pa more ni morales at pinoy,,,

    deng Saturday, 13 January 2018 04:34 Comment Link
  • inocent

    The coward, PNoy once again exposed himself as a garbage president.

    inocent Saturday, 13 January 2018 02:45 Comment Link

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