Husband Of Us Diplomat Killed In Makati City

[bootleultras]

Ahh my bad, didn't realise the name.

Haven't had a chance to look at the video yet

[Thomas]

One of the mitigating factors the prosecution used to justify the charges of murder, as opposed to a lesser charge, against all 4 defendants was the use of “superior force”; defined by Philippine law as 4 or more against one. The judge ruled that Major Anikow, a combat trained US Marine, had the training, experience, and skill to negate the superior force of the 4 defendants. He also noted the victim’s larger size. Perhaps he should have also considered that the victim’s intoxicated state made him far less able to defend himself. Looking at the raw footage of the video it’s impossible to tell exactly what happened but only one had the knife; according to the Makati Police Chief that was Abastillas, the driver, but that has not been established in court. Getting 4 separate murder convictions against these guys is a real stretch. A senseless loss and a very sad and tragic case.

Any news about the verdicts?

[i am bob]

The obligatory 10 year battle before the trial can begin has not even started yet, has it?  Or has it already been paid out?

 

:unsure:

[Old55]

What ever happened to the US Navy officer murdered last year by Customs thugs at MNL? More fun.

[Jake]

What ever happened to the US Navy officer murdered last year by Customs thugs at MNL? More fun.

The cases are similar: US Marine killed in Makati and US Naval Officer killed at Manila International Aiport (DEC 2010).

Both cases were doomed from the beginning.  Either a very long drawn out trial, in which the sole judge (PI does not

have a jury system) is eventually bought out by the highest bidder.  Or witnesses are either paid or made to disappear,

or to testify in behave of the highest bidder.  In both cases, dead men can't talk -- it's the same old chit......

 

Here is the link about the Naval Officer: http://www.philippines-expats.com/topic/7167-drugs/#entry33504

Edited May 3, 2013 by Jake

[Thomas]

Both cases were doomed from the beginning.  Either a very long drawn out trial, in which the sole judge (PI does not have a jury system) is eventually bought out by the highest bidder.  Or witnesses are either paid or made to disappear,

Yes. But harder to make all video copies disapear.

 

Crazy let killers out, while they locked in one shop assistant for sneak eat at work!...

 

But USA have some similar odd juridical system, let even big crime suspects out, if they pay enough, so they get the chance to run away!!!...

[Beachboy]

The trail is on-going.  The last hearing was on April 25 in which the knives were introduced as evidence.

odd juridical system

 In the US legal system innocence is presumed until a guilty verdict is returned.  Bail is granted unless  the accused is a danger to the community or a flight risk.  

 

The Philippine system is a little different.  If the judge concludes there is strong evidence that the accused committed the crime, he can deny bail.  The prosecutor in the Anikow case said the granting of bail was not a good sign because it indicated the judge did not find the evidence against the 4 accused to be strong.  The video apparently does not show much.  The main evidence is the testimony of the security guards.  The prosecutor thinks the charges might be reduced from murder to homicide (manslaughter in American legal terms).

 

 The defense has pointed out that Anikow may have hit one of the defendants before he was stabbed, that had he been brought to a hospital within 10 minutes of being stabbed he could have survived (it took over 40 minutes to get him to a hospital), and they have criticized the police for not taking a blood sample immediately to test for alcohol, rather than testing his stomach contents at autopsy -- a less reliable method.  The defense is trying to make the case that Anikow was belligerent, intoxicated, that he was a military man trained in the art of hand-to-hand combat, and that the defendants acted in self defense. 

The prosecution is trying to show the attack was unprovoked.  

Edited May 3, 2013 by Beachboy

[MikeB]

The video apparently does not show much

The video shows which one stabbed him - http://www.rappler.com/nation/21236-alleged-killer-of-us-marine-in-identified-in-video

Either a very long drawn out trial, in which the sole judge (PI does not have a jury system) is eventually bought out by the highest bidder.  Or witnesses are either paid or made to disappear, or to testify in behave of the highest bidder.  In both cases, dead men can't talk -- it's the same old chit.

Just because the defendants are granted bail or have charges reduced does not necessarily mean the judge is corrupt. 

[Thomas]

In the US legal system innocence is presumed until a guilty verdict is returned.  Bail is granted unless  the accused is a danger to the community or a flight risk.  

But several rich US murderers out on bail HAVE run away...  :)     Sure poorer run away too, but have harder to afford to keep away.(Swedish TV show US series about US murders.)

 

 The video apparently does not show much.

As MikeB says, it DO show much.

It show Anikow trying to run away, but two of the Filipinos run after him and one of them stabb him.

 The prosecutor thinks the charges might be reduced from murder to homicide (manslaughter in American legal terms).

I don't know what Phili law say about the difference, but I would agree, but it's still a stabbing to death two against one, and Anikov tried to run away when the stabbing happened, so it can't be self defence...  (OK to TAKE UP a knife as self defence, but NOT OK to run AFTER him and stabb him...)

The prosecution is trying to show the attack was unprovoked.  

Yes, the start was, the video show and vitness said (Anikov was loud and banged the car with his hand, and perhaps hit (one) when they went out of the car then)

BUT it was a stabbing to death, when Anikov tried to run AWAY...

[Old55]

Thomas please keep on topic.