Husband Of Us Diplomat Killed In Makati City

[Beachboy]

The video apparently does not show much.

Bad choice of words.  The video did not show enough to convince the judge that the defendants acted in a conspiracy or with "superior strength" -- the last element is needed to carry a charge of murder.  So the judge granted bail.

“After a perspicacious review of both the testimonial and documentary evidence of the prosecution, the court is of the view that the evidence of guilt, insofar as it indicts the accused for murder, is not strong and thus entitles all to bail,” the judge said.

The prosecutor also worried about the judge ruling against conspiracy.  She wondered if only the defendant who stabbed the victim would be held responsible for the homicide.  I was reading the account in the Inquirer:  http://newsinfo.inquirer.net/363311/anikow-murder-suspects-granted-bail

[Thomas]

 

The video apparently does not show much.

Bad choice of words.  The video did not show enough to convince the judge that the defendants acted in a conspiracy or with "superior strength" -- the last element is needed to carry a charge of murder.  So the judge granted bail.

“After a perspicacious review of both the testimonial and documentary evidence of the prosecution, the court is of the view that the evidence of guilt, insofar as it indicts the accused for murder, is not strong and thus entitles all to bail,” the judge said.

The prosecutor also worried about the judge ruling against conspiracy.  She wondered if only the defendant who stabbed the victim would be held responsible for the homicide.  I was reading the account in the Inquirer:  http://newsinfo.inquirer.net/363311/anikow-murder-suspects-granted-bail

 

So it isn't murder if a weak person STAB a stronger person, who try to LEAVE???

 

I DON'T count it as conspiracy, because it was Anikov, who started the quarell, but I count it as man slaughter, the two running after being guilty, and of course much more the one who made the stabbing.

Thomas please keep on topic.

Well. In my latest post 8 of 10 lines were surely ON topic,

and the reminding 2  I count as related  :)  aren't they?    (=Comparing juridical systems. In  Sweden NO ONE can be bailed out, but when they are counted can't disturb the investigation, then suspect for less crimes are let out, but the suspects in biger crimes are KEPT in custedy, so they don't get chance to run away, when the proofs are strong enough to keep them. (Judge decide for periods if the evidience are strong enough to keep the suspects, and the demands get higher and higher with time, so the police need to hurry.)

[i am bob]

Thomas, the point is we are not talking about the US or Swedish justice system here but rather a specific case in the Philippines.  We don't want others now coming back to show you what they would consider awful discrepancies in the Swedish system too - that would be off topic as well, not to mention diving into a political debate on whose system is better and political debates are taboo on this forum.  That is why you were asked to stay on topic.  

[brock]

As far as I could see Thomas was replying to quotes, And seemed on topic to me, But thats just me.

Now I have gone off topic, oops.  :unsure:

[Old55]

No problem Brock. :cheersty:

Thomas its all good. :tiphat:

Thomas brings up good points as always, but was going off topic a bit to do with US justice system. Perhaaps forum members would view it as bashing. I know Thomas well enough to know he is a good guy and did not intend his comments in that manner but some of our new members could perhaps think otherwise.

At this time there are strong political differences here in the States frankly we are having some real issues.

The forum owner knows that keeping away from God, Politicians and guns keeping to Philippines topics for the most part makes for a better forum.

As far as going off topic I'm one of the worse offenders. :bash:

[Thomas]

Thomas, the point is we are not talking about the US or Swedish justice system here but rather a specific case in the Philippines.  We don't want others now coming back to show you what they would consider awful discrepancies in the Swedish system too - that would be off topic as well, not to mention diving into a political debate on whose system is better and political debates are taboo on this forum.  That is why you were asked to stay on topic.  

 

 

No problem Brock. :cheersty:

Thomas its all good. :tiphat:

Thomas brings up good points as always, but was going off topic a bit to do with US justice system. Perhaaps forum members would view it as bashing. I know Thomas well enough to know he is a good guy and did not intend his comments in that manner but some of our new members could perhaps think otherwise.

At this time there are strong political differences here in the States frankly we are having some real issues.

The forum owner knows that keeping away from God, Politicians and guns keeping to Philippines topics for the most part makes for a better forum.

As far as going off topic I'm one of the worse offenders. :bash:

OK. I just find it FAIR to the PHILIPPINES, when we complain about the Philippines, we can compare to bad parts in our countries too  :)

 

I'm not sure if I have posted anything negative against Swedish systems in THIS forum,

but I have surely posted several bad examples about Sweden at Internet, and there are many bad examples to chose from   :)

(E g during many years Swedish courts mostly didn't follow the law they have to justify their verdicts, instead just saying things "We don't find..." saying nothing about why! Some less bad now, but e g they didn't justify how they manage to claim it's possible to live of MINUS 8500 !!!  :hystery:    :bash:

[i am bob]

My whole point was to let Thomas - and the rest of the forum - know that it's ok in most cases to compare the good points amongst other countries but, if we are going to bring up bad points of a country, let's compare it to our own country first.  If I thought anyone had done something really bad, you know you wouldn't see it in print here but a PM would be arriving in that persons's mailbox.  

 

Now English is a second language for Thomas and I wanted to make sure he understood fully what I was trying to tell him - so perhaps I was a little blunt in what I said and how I said it.  And, Thomas, if you felt offended or upset by what I said, I apologize!!!  My intentions were only to educate and not to harm any member of this forum!

[Beachboy]

Actually I think it's a good topic (how legal systems differ from one country to the next) .. but maybe  not quite on topic here and I think it's good to keep a neutral point of view or else you'll get into politics.  I'm still trying to figure out what "murder" and "homicide" mean in the Philippine system. Without knowing what these terms mean, it's hard to understand what's going on in the Anikow case.  

Thomas asked "So it isn't murder if a weak person stab a stronger person?"  Maybe it isn't murder under Philippine law.  This is from the Daily Inquirer:Dec 12, 2012

Four small Filipinos pitted against a trained US Marine officer cannot be considered “abuse of superior strength.”

Using this argument, the lawyer of one of the four men accused of murdering George Anikow, an American serving in the US Marines, asked the judge hearing the case to downgrade the murder charge filed against his client to homicide, which is a bailable offense.

 

Edited May 5, 2013 by Beachboy

[Thomas]

Now English is a second language for Thomas and I wanted to make sure he understood fully what I was trying to tell him - so perhaps I was a little blunt in what I said and how I said it.  And, Thomas, if you felt offended or upset by what I said, I apologize!!!  My intentions were only to educate and not to harm any member of this forum!

No problem. I didn't found anything offending at all,

but I think a moderator in an OTHER expat forum is an idiot  :no:

Thomas asked "So it isn't murder if a weak person stab a stronger person?"

Well. I have a big questionmark after it, when the stronger one try to LEAVE.(=this case)

but ok as self defence when the stronger one go on being agressive (=NOT this case)

[i am bob]

Murder is murder, homicide is manslaughter.

 

In this case they are using the example of the "Big Burly Marine" against 4 "little half-starved Filipinos"...  Which in my eyes is pure horse pucky!

 

I have known a few marines.  Yes, they are trained to be able to survive and control just about any battle field.  But not every Marine is GI Joe!  He doesn't leap from mountains without a parachute...  And he doesn't fight aliens in outer space!  Are they trained to defend themselves?  Yes.  But 4 on 1 in any situation - regardless of training - for most people is insurmountable odds.  Especially when they have a weapon and he does not.  Yes, for some Marines, this is not a problem.  For others?  Not so much fun, I can honestly state.  Sure, I have faced just as big a crowd who was armed and I was by myself - but I was also in my response vehicle with the doors locked, windows up and my foot on the gas.  And it was during a military exercise so nobody got hurt.  No way would I want to face 4 men unarmed when they are.  So, getting back onto the subject?  Is this a case of homicide?  Not even close!  Video clearly shows the deceased trying to get away from these men as they pursue him with the idea of doing him harm and - in the mind of at least one - murder.