Al-Barka massacre: Army officers face court-martial

Justice should be served, but the accused should not be dismissed from service.

This was the position of the military’s lead prosecutor in the court-martial against two of the four Army officials accused of negligence that led to the massacre of 19 Special Forces soldiers in Al-Barka, Basilan, exactly a year ago on Thursday.

Major Vener Malabanan III, military lead prosecutor known as the trial judge advocate, said Colonel Alexander Macario, former Commander of Special Operations Task Force-Basilan Province and  Col. Amikandra Undug, former Regiment Commander of Special Forces Regiment (Airborne), Special Operations Command, should not be dismissed from military service for their culpability in the deaths of the soldiers.

The bodies of the soldiers were mutilated when they were found in a camp of the Moro Islamic Liberation Front (MILF). Fourteen other soldiers were wounded.

Who’s at fault?

Brigadier General Teodoro Cirilo Torralba III, president of the court-martial, told reporters that the court-martial’s “job is to find out who’s at fault” in the Al-Barka incident.

Dismissal is the penalty for Article 96 or conduct unbecoming an officer and gentleman and Article 97 or disorders and neglects to the prejudice of good order and military discipline of the Articles of War.

Malabanan said the dismissal from service of Macario and Undug would add to the loss the Armed Forces had with the deaths of the 19 soldiers in Al-Barka.

“Personally, this representation does not believe that he (Undug) deserves to suffer the penalty of dismissal but we still expect justice to be served… My apologies, we cannot demand dismissal from service,” Malabanan said during the oral arguments at the general court-martial hearing yesterday afternoon at the Philippine Army headquarters.

Abu head captor

Undug has been credited for the capture of notorious Abu Sayyaf leader, Commander Robot in 2003.

The military prosecutor repeated the same appeal before the court-martial during the separate oral argument from Macario.

At press time, lawyers for the other accused, Lieutenant Colonel Leonardo Peña, former Commanding Officer of the 4th Special Forces Battalion, and Lt. Col. Orlando Edralin, former Commandant of Special Forces School, have yet to be present at the oral arguments.

The four awarded military officers were charged violation of Article 96 and Article 97 of the Articles of War.

Peña is also facing violation of Article 84 or willful or negligent loss, damage or wrongful disposition.