MILITARY lawyers have recommended to Armed Forces chief Gen. Romeo Brawner Jr the convening of a general court martial that will try a senior military officer who allegedly sexually molested two male junior officers last January.
The military has conducted an “internal investigation” after receiving the complaint from the junior officers, said AFP public affairs chief Col. Xerxes Trinidad in a statement on Tuesday night.
Trinidad said the initial investigation established “prima facie evidence, warranting further legal action,” and the senior officer was relieved from his position in line with standard procedure.
The officer was not identified for privacy and security issues.
“A pre-trial investigation was subsequently conducted and has since been completed,” said Trinidad.
“The case is now pending the approval of the convening authority for referral to a general court martial and its eventual convening,” said Trinidad, referring to Brawner as the convening authority.
The male junior officers, with a rank of major and captain, lodged the complaint before the AFP Office of the Ethical Standards and Public Accountability (OESPA) last January 30 or a day after the incident.
An investigating officer from OESPA later established prima facie evidence against the officer and recommended to the Office of the Judge Advocate General the conduct of pre-trial investigation “with a view to trial by court martial” for violation of Articles of War (AW) 96 or conduct unbecoming an officer and a gentleman) and AW 97 (conduct prejudicial to good order and military discipline).
Military personnel found guilty of the charges face the penalty of dishonorable discharged from the service and confinement with hard labor.
Documents showed the accused officer has a rank of major general and his alleged victims hold the rank of major and captain.
The sexual assault reportedly occurred at the quarters of the Air Force general last January after the celebration of his birthday.
The junior officers have filed a separate complaint of multiple rape, through sexual assault, before the Lipa City Prosecutors Office last May 16.
Without identifying the senior military officer, Trinidad said the military “takes all forms of misconduct and breaches of military discipline with utmost seriousness.”
“The AFP assures the complainants that their rights are fully protected and that they are being safeguarded from any form of intimidation or undue influence throughout the process,” said Trinidad.
He said the military is committed to due process, transparency and accountability under the military justice system.
“These principles serve as the foundation of our pursuit of truth and justice, while ensuring fairness to all parties concerned,” he said.
“The AFP continues to uphold the highest standards of professionalism and discipline in the fulfillment of its sworn duty to protect the people and the state,” Trinidad also said.
In a phone interview yesterday, Trinidad said the pre-trial investigation recommended to the AFP chief the convening of a General Court Martial.
“It was brought for the approval of the convening officer (Brawner) for the convening of a general court martial,” said Trinidad.
“There is already a conclusion (of the pre-trial investigation), it (case) warrants further legal action, that’s why the convening of a General Court Martial was endorsed,” said Trinidad.
Trinidad could not immediately say when Brawner when will make a decision.
“It (pre-trial investigation) was just completed. It will have to be reviewed first,” he said, adding and this will have to go through staff and legal opinions.
