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This is an artist sketch of NBI official Ricardo Diaz on the witness stand during the multiple murder trial of Datu Unsay Mayor Andal Ampatuan Jr. in Camp Crame Tuesday. INQUIRER.net/Abigail Kwok





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Ampatuan pleads not guilty to 41 counts of murder

By Tetch Torres
INQUIRER.net
First Posted 10:24:00 01/05/2010

Filed Under: Maguindanao Massacre, Crime and Law and Justice

MANILA, Philippines? (UPDATE 2) Datu Unsay mayor Andal Ampatuan Jr. on Tuesday pleaded not guilty to 41 counts of murder.

Appearing in striped pink polo shirt and in hand cuffs, Andal Jr., who is not conversant in English and Tagalog agreed that the information against him be read in English.

Ampatuan Jr. is charged with the killing of at least 57 people, including pregnant women who were relatives of a political rival and about 30 journalists, in Maguindanao province last November 23.

Lawyer Sigfrid Fortun, counsel for Andal Jr., agreed to the proposal of Assistant Chief State Prosecutor Richard Anthony Fadullon that his client be arraigned first before the bail hearing.

A slight problem occurred before the reading of the information when Fortun said Andal Jr. is not conversant in either English or Tagalog but only Maguindanaoan.

"Ask him if he wants to be arraigned in English or Tagalog?" the judge told Fortun. He said Andal Jr. preferred English.

The court read the 41 information to Andal Jr. and entered a not guilty plea on all 41 counts.

Quezon City Branch 221 Judge Jocelyn Solis-Reyes rejected Fortun's bid to start with the preliminary conference of the case before the presentation of witnesses for the petition for bail.

The court proceeded with the hearing and lawyer Ricardo Diaz, head of the National Bureau of Investigation?s counter-terrorism unit who was ordered to go to Maguindanao a day after the massacre, took the witness stand. He described the procedures he took while in Maguindanao including taking the testimonies of five witnesses and photographing the crime scene, among others.

Fortun opted not to cross-examine Diaz, saying the NBI official?s testimony is not relevant.

Diaz also presented a flash drive, which according to him contained 30 to 40 photographs taken by the military.

Assistant chief state prosecutor Fadullon asked the court to admit the flash drive as part of the evidence, but Fortun opposed it, saying Diaz did not take the pictures himself.

For the bail hearing, the prosecution intended to present 11 more witnesses but the judge asked the prosecution to minimize the number of witnesses.

Meanwhile, lawyer Harry Roque, who is counsel to relatives of the slain journalists, asked the court that Andal Jr. be moved to Quezon City Jail and be treated like an ordinary criminal.

The court has yet to rule on the manifestation. The next hearing is set on January 13.

At the same time, the court ordered the prosecution to respond to Fortun?s show-cause petition questioning the Department of Justice?s order to bring his client to the DoJ offices for preliminary investigation. Ampatuan was mauled by covering journalists that time.

Security was tight on the way to the Police Non-Commission Office that was converted into a courtroom.

Members of the media had to pass four security inspections and a metal detector before being allowed entry into the courtroom.

Gadgets were prohibited inside the courtroom. The police conducted occasional inspection around the courtroom during breaks.

Supreme Court Information Chief Lawyer Jose Midas Marquez said same procedure will be undertaken at the next court hearings.

The court said that starting the week after next, hearings will be held twice a week.



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