MANILA - A small hole in the wall of lawyer Jose Bernas's chambers
marks the spot where an assassin's bullet lodged in a botched attempt to kill
him. The hole, just to the right of the main door, has a black circle
drawn around it so it serves as a constant reminder that in the Philippines the
law often comes at a very high price. Bernas believes the attempt on his
life in May was connected with his work on one of the many high profile cases
involving Manila airport's $600-million mothballed international passenger terminal,
known as terminal three. The ultra-modern terminal has been at the centre
of controversy and allegations of widespread corruption since it was first conceived
in 1992. So far one judge and the country's deputy solicitor general have
been murdered and many lawyers have allegedly been intimidated by various interest
groups connected with the terminal. The saga of terminal three has spanned
the administrations of presidents Fidel Ramos, the disgraced Joseph Estrada and
incumbent Gloria Arroyo. Completed five years ago it sits abandoned on the other
side of Manila airport away from the existing, dilapidated 26-year-old international
terminal having never seen a single passenger or aircraft. In 2004 the
government expropriated the project from Philippine International Airport Terminals
Co (Piatco) and its private contractor German company Fraport claiming major contract
irregularities. Since then the fate of terminal three has been bogged
down in domestic legal battles and hearings in the international arbitration courts
in Washington and Singapore. Bernas is just one of dozens of lawyers involved
in the lengthy litigation and he has no doubt the attempt on his life was tied
to the airport. "You don't have to be smart to start drawing connections.
Not in this country," he said in an interview. "First you had a high-powered
judge murdered and then you had the assistant solicitor general murdered -- both
were involved in the litigation over terminal three." Judge Henrick Gingoyon
was killed 100 meters from his home in Cavite on December 31, 2005. He was presiding
over one of the cases against Piatco. A year later, the assistant solicitor
general Nestor Ballacillo and his son Benedict were gunned down in much the same
way outside their Manila home. Nestor Ballacillo had been working on another case
involving Piatco. Although police say the cases are not connected and
that there is no evidence suggesting links to the airport, Manila's legal community
is not convinced. "Although there is no evidence linking the killings there
is plenty of circumstantial evidence to suggest otherwise," said Neri Colmenares
of the Asian Law Center.*AFP "In Gingoyon's case this was the main case
he was handling, while Ballacillo had two controversial cases, one being the airport.
Neither case was investigated properly. While robbery was said to have been the
motive, nothing was taken from the victims." Bernas said he was not satisfied
with the investigation that followed the attempt on his life. "There was
no dusting for fingerprints and we still don't know why the security guards disappeared
when the gunmen entered the building," he said, adding: "The whole episode does
not speak well of the system of justice and law enforcement in this country."
Bernas was in his Makati office in Manila's financial district when his
receptionist rang and said two journalists were waiting to see him. "I
didn't recognize the names but went out to see them just the same," he said.
"As I opened the door two men stood up, drew guns and began to point them at me.
I rushed back inside. I tried to close the door but they were pushing from the
other side. "As we struggled for control of the door, I lost my footing
and began to slide down the door. As I did a hand came round the door clutching
a gun and fired. Fortunately, he missed." It was all over in a few seconds
but it changed his life and that of his family. "Before the attempt on
my life I didn't bother with security. Now it's part of my life. It's not the
way I want to live but that is the reality," he said.*AFP back
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