Top Court Bars Key Evidence in Aquino Trial

MANILA â€”  Prosecutors in the Benigno S. Aquino Jr. assassination trial suffered a major setback Friday when the Philippines Supreme Court ruled that statements made by armed forces chief Gen. Fabian C. Ver before an inquiry commission cannot be used against him in the trial.

The decision also upheld the trial court’s rejection of testimony by Maj. Gen. Prospero Olivas, who told the commission that Aquino’s assassin was purported communist agent Rolando Galman.

Also barred from use was the testimony of six soldiers who the prosecution charges lied about what they were doing when Aquino, chief political rival of President Ferdinand E. Marcos, was shot at Manila airport on Aug. 21, 1983.

Ver, 24 other soldiers and a civilian have been on trial since February in the killings of Aquino and Galman. The trial, which has been stalled pending the high court’s ruling, is to resume Monday.

Due Process Denied

The Supreme Court said the inquiry had denied due process to Ver, Olivas and six soldiers because they were not informed of their right not to incriminate themselves.

“The dictates of fair play, which is the hallmark of due process, demand that private respondents should have been informed of their rights to remain silent and warned that any and all statements to be given by them may be used against them,� the court said in a decision written by Justice Serafin Cuevas.

Chief prosecutor Manuel Herrera, who has said he has very little evidence against Ver other than the chief’s own statements, declined comment on the decision.

Ver’s lawyer, Antonio Coronel, said he will move for dismissal of charges against Ver, who has long been President Marcos’ closest military adviser. Ver was among the defendants accused of trying to cover up a military plot to assassinate Aquino.

The 10-3 decision did not affect evidence against 17 soldiers accused as main conspirators and one civilian charged as an accessory. The defendants, including Ver, face charges of double murder in the deaths of Aquino, shot in the head as he returned from three years of voluntary exile in the United States, and Galman, who officials said was immediately shot dead by security police.