Maj. Gen. Carlos Garcia yesterday sought the dismissal of cases filed against him by the military on the ground of "defective" evidence.
Garcia's move was contained in a four-page counter-affidavit to charges of violation of two Articles of War.
Garcia appeared at around 9 a.m. at AFP Hall of Justice for the pre-trial investigation.
Lt. Col. Al Perreras, chief of the military justice division of the Judge Advocate General's Office (JAGO) and JAGO's executive officer, refused to allow media to cover the pre-trial. "All we have to do is to receive the counter-affidavit," he said.
He also refused to give media copies of Garcia's counter-affidavit, saying he has yet to read it.
Asked what transpired during the pre-trial that lasted for just around 30 minutes, Perreras said: "They just submitted the counter-affidavit. Thereafter, I made a manifestation that the case is now being submitted for resolution."
Perreras also would not give media copies of a 32-page document submitted by Garcia's lawyer Constantino de Jesus, titled: "Accused's Invitation or Proposals for Stipulation or Admissions Particularly on the Obvious Defects of the Charge Sheet (with motion for dismissal of charge sheet for being defective)."
"I have not read the counter-affidavit and the other documents submitted by General Garcia but these will be considered in the resolution of this case," Perreras said.
Perreras said he is going to resolve the case in a day or two, after which he is going to make a recommendation to AFP chief Lt. Gen. Efren Abu on whether to convene a court martial.
There's a chance na makakalusot si Garcia due to technicalities, which is not surprising if it happens because let's face it -- prinoprotektahan naman talaga ni GMA ang mga heneral na nagluklok sa kanya sa Malacanang during Edsa dos.
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