AMPATUAN TRIAL UPDATE: Slow Motion
ONLY THE case against the alleged co-conspirators, in contrast to that against the alleged masterminds in the Ampatuan Massacre, was moving as this update was being written.
Five other alleged co-conspirators in the Ampatuan Massacre—Police Chief Inspector Sukarno Dicay, PO3 Rasid Anton, Maot Dumla, Thong Guimano, and Muhamad Sangki—were arraigned last July 28. The five brought to 17 the number of accused persons so far arraigned.
On the power of a July 21 court order, Andal “Unsay” Ampatuan Jr. and 16 others were also arraigned last July 28 as a result of the latest Information on the events of the Nov. 23, 2009 massacre. The 57th Information was on the murder of Victor Nuñez, UNTV anchor and editor, who was among the 32 journalists killed on that date. Problems over identifying Nunez’ body had earlier hindered the filing of the 57th Information.
Around 100 men allegedly led by Unsay Ampatuan stopped and killed on November 23, 2009 the 57 members of the Mangudadatu convoy led by the wife and sisters of Ampatuan political rival Esmael “Toto” Mangudadatu. The fatalities, including 32 journalists and media practitioners, were on their way to Sharif Aguak town in Maguindanao province to file Mangudadatu’s Certificate of Candidacy.
Bail proceedings in the first 56 cases have benn halted by the numerous motions by the defense lawyers of Unsay Ampatuan. Only Unsay filed for bail, but the petition is still being resolved. What has prevented the continuation of the bail hearings is the defense’s motions for inhibition against Judge Jocelyn Solis Reyes. In fact, the court announced last July 28 that Andal Sr. and Unsay Ampatuan have filed through their lawyers a sixth recusation motion against Solis-Reyes.
Other accused persons in detention, like Andal Ampatuan Sr. have yet to be arraigned pending their motions for reconsiderations and other similar motions.
According to Nena Santos, lawyer of the Mangudadatus and other civilian victims, the defense lawyers have filed approximately 99 motions, and the prosecution 11 as of July 23.
New warrants issued
Despite the motions, Judge Solis-Reyes issued new arrest warrants against 135 accused persons in the Ampatuan Massacre last July 21 after the court found probable cause for the murder charges against them.
“After an evaluation of the Joint Resolution dated February 5, 2010 and the documents attached thereto, the Court Believes that probable cause exists to support the charge and the accused are probably guilty thereof,” the court said in its July 21 decision.
The case against PO1 Johann Draper, the driver for one of the children of Unsay Ampatuan, has been dismissed for lack of probable cause.
Libel complaint against lawyer, witness
Meanwhile, the discussion over the death of a confessed participant in the Ampatuan Massacre has led to a libel case against one of the private prosecutors. Suwaid Upham, popularly known in the media as “Jessie”, confessed during a TV interview that he was one of those who fired automatic weapons at the members of the Mangudadatu convoy last Nov. 23, 2009.
Lawyer Harry Roque had appeared in various TV stations explaining what happened to Upham and the reasons why he returned to Maguindanao. Roque, counsel for 13 media victims in the Ampatuan massacre and founder of the Center for International Law (CenterLaw), had helped Upham and introduced him to the media.
Roque alleged that the Ampatuans could have had a hand in the killing of Upham last June 14.
Roque’s interview with ABS-CBN News Channel’s (ANC) Headstart is the basis of a P50 million complaint for libel filed by a daughter of Andal Ampatuan Sr. before the Cotabato City prosecutor’s office.
Bai Ameerah Mamalapat, in her complaint-affidavit dated July 13 said that the answers of Roque to questions asked of him during the interview linking the Ampatuan clan to the killing of a probable witness in the massacre “exposed (her) and the entire Ampatuan clan to public hatred and ridicule as employers of hired killers”.
In a statement released by CenterLaw last Aug. 2, Roque said that “…this case is only meant to harass, badger and delay but CenterLaw will not be cowed by it.”
The Office of the Provincial Prosecutor of Maguindanao has ordered Roque to submit his counter-affidavit ten days upon receipt of the complaint.
Meanwhile, one of the lawyers of Andal Ampatuan Sr., Philip Pantojan, filed libel charges against witness Lakmodin “Laks” Saliao for allegedly “staining” his image as a lawyer before the Davao City Prosecutor’s office last July 7.
Saliao claimed on air an alleged Ampatuan plan to kill him and Pantojan, and afterwards blame the Mangudadatus for their death.
Pantojan said in his complaint-affidavit that Saliao’s interview, aired by ABS-CBN’s Bandila “has effectively conveyed…that I am not a good lawyer to my clients, particularly to Governor Andal Sr., and tha I did something so grave as (to justify Governor Andal Sr.’s eliminating me).”
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[…] (Of the 76, one jumped to his death from the roof of the building where his cell was located. The trial judge hearing and trying the massacre case has ordered the National Bureau of Investigation to look into the death of PO2 Hernanie S. Decipulo Jr. As of this writing, there are only 196 accused persons named in the Ampatuan Massacre case. The murder case against PO1 Johann Draper was dismissed by the court in 2010.) […]