Ampatuan daughter is first defense witness
CMFR/Philippines – Former governor Zaldy Ampatuan, accused in the Ampatuan (Maguindanao) Massacre trial, presented on 17 September 2014 his 17-year old daughter as his first witness in support of his bail petition.
Zaldy’s daughter testified that her father was in Davao City on 21 and 22 November 2009, two days prior to the massacre. She was only about 12 years old at the time.
On 23 November 2009, 58 people, 32 of whom were journalists and media workers, were killed in an incident of election-related violence in Ampatuan town, Maguindanao province.
Davao City is approximately 130 kilometers north-east of Ampatuan town and more than a thousand kilometers south of Metro Manila.
As agreed upon in a prior case management meeting, the rules on presenting a child witness were applied to Zaldy’s daughter, even though she was not a victim or a witness to a crime.
During the child witness’ examination by the defense and the cross-examination by the prosecution, observers from the public were asked out of the court room in the Quezon City Jail Annex in Camp Bagong Diwa, a police enclosure in Taguig City, Metro Manila.
After a recess, presiding judge, Jocelyn Solis-Reyes, said her staff had received information that Zaldy’s daughter no longer wanted to continue with the prosecution’s cross-examination of her that day.
According to private prosecutor Nena Santos, the witness cried during the cross-examination.
The judge allowed the continuance of the cross-examination on 18 September 2014 and asked both the prosecutors and defense counsels to be more sensitive so as not to agitate the witness.
Zaldy’s defense counsel will also be presenting Zaldy’s cook and gardener in the succeeding hearings this month. They still have 58 more witnesses to present as listed in the pre-trial order for Zaldy’s bail petition.
Meanwhile, the judge also granted some of the accused’s request, including that of Andal “Datu Unsay” Ampatuan Jr., to be given seven more days to find new lawyers. But the judge clarified it will be the last extension she will grant the accused.
In August 2014, lawyers Philip Sigfrid Fortun, Andres Manuel and Paris Real resigned as defense counsel of more than 20 accused in the massacre trial including Datu Unsay and his father Andal Ampatuan Sr.
Fortun had earlier resigned as Zaldy’s counsel, in May 2014, but the Heffron, Esguerra, Dy & de Jesus law firm entered its appearance as Zaldy’s new counsel only five days later.
In the 17 September 2014 hearing, attorney Firdausi Abbas, collaborating counsel for Zaldy’s defense, entered appearance as Andal Sr.’s new defense counsel.
5 years! what a shame, crooked justice system!