Subject:  Update Report on Kim Gargar’s Case

Date:  Fri, 13 Jun 2014 18:03:44 +0800

From:  Free Kim Gargar <isupport@freekimgargar.org>

To:  Agham Nasyunal <agham.national@gmail.com>

Timeline of the Case

After Kim’s Gargar’s arraignment last October 24, 2013, his pre-trial hearing proceeded on November 26-27, 2013. His legal counsel during the pre-trial hearing was Atty. Ed Estores from the Union of People’s Lawyer in Mindanao.

In the pre-trail hearing, the prosecutor presented pieces of evidence that links Kim to the ambush incident that happened in Cateel, Davao Oriental. In the witnesses’ account, Kim was described to be carrying an M16 rifle and explosives weighing 27 kg in total, while he was running away from the said ambush site. When asked by Atty. Ed Estores if the witness has proof that Kim was carrying firearms and explosives such as photographs, the witness said no.

During the hearing last November, 2013, Atty. Estores was able to prove weak affidavits and testimonies of the witnesses. They were found to be inconsistent and one witness even directly admitted that affidavit that he submitted was a lie.

In addition to the original cases filed against Kim Gargar, the PNP Cateel Municipal Police Station has submitted to the Assistant Provincial Prosecutor’s Office the criminal charge of five (5) Multiple Frustrated Murder for his review and action.

Based on the information released by the Regional Trial Court Branch 7, the recommended bail bond for the two cases of attempted murder is Php 240,000; Php 80,000 for the violation of the Comelec gunban and approximately Php 200,000 for the illegal possession of explosives totaling to Php 520,000.

On February 28, 2014, Kim’s legal counsel then submitted a petition questioning the credibility of the prosecution’s witnesses as their testimonies were filled with contradictions and inconsistencies. Then preciding judge Jo Cam Jocson also inhibited himself from the case because he was also the one who prosecuted Kim Gargar when he was arrested.

A trial hearing was set on May 29, 2014, where the judge would release its decision on the petition for the bail bond.

A day before the May 28 hearing, the clerk of court announced that the hearing is moved to June 25 because the presiding Judge Dayanghirang had a different appointment and all the hearings during the month have been moved.

Even if the hearing has been moved, friends and family of Kim travelled to see him. During the jail visit on May 28, Kim seemed to maintain his positive disposition and expresses his gratitude to the continued support of his colleagues and friends. However, underlying the happy character of Kim is a sense of indignation against the state’s armed forces and the BS Aquino government for the trumped up charges against him and for the persecution of his decision to bring his scientific work to the countryside where communities need help the most.

Free Kim Gargar Campaign

The campaign for the the release of Kim Gargar goes side by side with the call to the Philippine government to uphold human rights which extends to the campaign for the release all political prisoners in the country. The case of Kim also underlines the plight of field scientists, who in their passion to fulfill their profession and serve the Filipinos, become targets of abuse and harassment by the state’s armed forces.

We are in need of your support specifically in raising financial resources for the payment of Kim’s bail. To know more about the Free Kim Gargar campaign, you may visit our website, www.freekimgargar.org. You may also help in the campaign by coordinating with the Agham secretariat through (02) 998 4226 or agham.national@gmail.com.