Husband Of Us Diplomat Killed In Makati City

[MikeB]

The issue is the degree of criminality. The prosecution chose to charge all 4 equally with murder, a nonbailable offense, because of the mitigating factor of “use of superior force”. The judge said he doesn’t buy it because of the victim’s size and combat training so he granted bail. The PNP medical officer who did the autopsy testified that a single knife wound to the neck severed the carotid artery causing massive loss of blood killing Major Anikow. He further stated that death from such an injury should occur within 5 or 10 minutes. Yet he was apparently still alive at the hospital some 3 hours later. Then there was at least a 45 min wait for an ambulance at 4am in Makati while he was bleeding to death. Why? The accused are from wealthy families, they have the best lawyers money can buy. One of their fathers, a doctor, told reporters he would personally speak to President Aquino about the way his son was being treated. There is a single prosecutor handling this case; she was quoted as saying, in part, that she didn’t know how to proceed after the defendants were granted bail because what they had presented was the strongest part of their case.
http://www.rappler.com/nation/20369-fatal-stab-killed-american-in-makati-medical-officer

[Jack Peterson]

The issue is the degree of criminality.

 

 

Guilt by association and being at the scene at the time.

 

The whole thing stinks of the "Old pals Act"

 

 

 

[Steve & Myrlita]

Sounds like the "Good Ol Boys" Club.

[Methersgate]

There will be no convictions.

 

There were two witnesses, a taxi driver and the security guard. The taxi driver is nowhere to be found and you can bet the defence have found the guard and, more important, his family....

[MikeB]

There will be no convictions

I agree - for murder. Curious decision by the sole prosecutor to charge all 4 with murder, perhaps the EYES of the embassy played a part in that. 

you can bet the defence have found the guard and, more important, his family.

To threaten or pay off? His story didn't change from the 1st time he was questioned. 

[Methersgate]

Under English law, which is only faintly relevant, all four could be charged with murder under the doctrine of joint enterprise.

 

Let us see what the guard says on the day.

[MikeB]

Under Philippine law all 4 were charged with murder qualified by the abuse of "superior strength" and conspiracy. The judge didn't buy the prosecutor's theory and granted bail. The guard has already testified. 

[Steve & Myrlita]

They will all eventually walk. Over the last 7 years here it has become quite obvious that murdering a foreigner is only illegal on paper. In reality, no one ever pays.

[MikeB]

They will all eventually walk. Over the last 7 years here it has become quite obvious that murdering a foreigner is only illegal on paper. In reality, no one ever pays.

Based on the evidence presented at the bail hearing, the judge felt the state did not meet the burden of establishing a charge of murder w/qualifying factors. From the prosecution's perspective there are big problems proving murder against all four in this case, especially since the defendants seem to have the superior council. This is a very tragic case but sometimes they get it right in spite of the fact that we disagree or think we know better.

[MikeB]

I changed the topic title, Mr Anikow was originally identified in the press as a US diplomat but he was not.