Ampatuan Massacre Trial Update: DOJ revamps its prosecution panel
NEW government prosecutors have been assigned to continue the prosecution of the multiple murder case against Unsay Ampatuan and 194 others for the killing of 57 persons in Ampatuan town, Maguindanao last Nov. 23, 2009. (Only 57 counts of murder have been filed, since the body of the presumed 58th victim, Midland Review’s Reynaldo Momay, has not been recovered.)
In an Order dated March 9, 2011, the Department of Justice revamped for the third time the composition of the panel of public prosecutors handling the multiple murder case before Branch 221 of the Regional Trial Court of Quezon City. The revamp, as Justice Sec. Leila de Lima was quoted to have said in several interviews, resulted from an alleged “rift between the public and private prosecutors.”
Assistant Chief State Prosecutor Richard Fadullon was replaced by Assistant Regional State Prosecutor (ARSP) Peter Medalle from Zamboanga. Medalle was part of the prosecution team that handled the case against the killers of Marlene Esperat.
Others replaced were: Irwin Maraya, Roseanne Balauag, and Juan Pedro Navera. Removed from the trial support team were Karla Cabel and Amanda Felipe.
Two other prosecutors, ACP Liezel Morales and ASP Alexander Suarez, who worked with Fadullon, also resigned, claiming that they cannot cooperate with some private prosecutors. Suarez presented at least two witnesses during the bail proceedings.
Overseeing the prosecution team is Undersecretary Francisco Baraan II.
Pending decisions
The Regional Trial Court of Quezon City, Branch 221 judge Jocelyn Solis has yet to issue a decision on the bail petitions filed by Unsay Ampatuan. The prosecution concluded its presentation of evidence in the bail proceedings last January 26.
The delay may be due to the clarificatory motion filed by Unsay’s lawyers. Unsay’s counsels led by Sigfrid Fortun filed last January 31 a motion for a clarificatory order asking the court to explain if the evidence presented in early 2010 should be “retested in relation to the fifty-seventh case, which was then inexistent.” The 57th Information, that of the murder of UNTV’s Victor Nuñez, was filed only in May 2010. “Retesting” means lawyer Fortun seeks to have them recalled for another round of cross-examination.
Families and colleagues of the 58 victims are also waiting for the decision of the Court of Appeals in Manila on the petition for certiorari and prohibition filed by suspended Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan.
Last March, several relatives and colleagues of the 32 journalists and media workers called on the Court of Appeals in Manila to issue a just and fair decision on the said petition.
In a statement last March 2, media groups like the Freedom Fund for Filipino Journalists and the National Union of Journalists of the Philippines said that “We are not prejudging the guilt or innocence of Mr. Ampatuan. Both also assume that the justices of the Court of Appeals will base their decision on the strength and credibility of the evidence Mr. Ampatuan has submitted. But for the significance of the trial and its relevance to Philippine democracy and press freedom, it is imperative that the process be perceived as credible and beyond question.”
Zaldy, through lawyer Redemberto Villanueva, filed a petition for certiorari before the Manila Court of Appeals questioning the decision of Agra to reinstate him and Akmad in the charge sheet. (On October 18, Zaldy’s party filed a memorandum to the June petition.)
Arraignment and arrest
The hearings on the Ampatuan Multiple Murder case will again be held at the Camp Bagong Diwa, Bicutan, Taguig City this April 7 and 8 as some accused perpetrators will be arraigned during the hearings.
The prosecution is set to continue its presentation of expert witnesses.
On March 17, the news website InterAksyon reported the arrest of Tumi Timba, also known as Guiamil. Quoting Chief Superintendent Benito Estipona, head of the Special Investigation Task Group Maguindanao, InterAksyon said “a reward of P300,000 had been put up for the arrest of Timba.”
[…] Ampatuan Massacre Trial Update DOJ Revamps Prosecution Panel […]