5 massacre suspects seek separate hearings for bail petitions

57 LOST DREAMS ON GROUND ZERO Families of slain journalists offer flowers at the site where 57 people, 32 of them media workers, were mercilessly mowed down by members of a powerful Muslim clan on Nov. 23, 2009, in the town of Ampatuan, Maguindanao province. JEOFFREY MAITEM / INQUIRER MINDANAO

MANILA, Philippines – Five of the accused in the Maguindanao massacre, including a son of Ampatuan patriarch Andal Sr., are asking a Quezon City court to hold separate hearings for their bail petitions so that the trial won’t take “55,000 years.”

Citing a private prosecutor’s media pronouncement that the trial may take thousands of lifetimes, lawyers for the five are seeking additional hearings if it is not “too burdensome” for the court.

The five – Datu Sajid Islam Ampatuan, Nasser Esmael, Nicomedes Tolentino, Bulatukan Omar Kayansang and Datutucon Malaguial Esmail – all claimed to have been wrongly accused of involvement in the massacre.

They are among 196 persons charged for the brutal killing of at leas 57 people, including 32 media workers, in Maguindanao province on Nov. 23, 2009.

The seven-page motion for additional hearings was filed Friday last week before the Quezon City Regional Trial Court Branch 221.

In the pleading signed by lawyers Paris and Sherwin Real, the accused cited private prosecutor Harry Roque’s statement that it may take 55,000 years for the court to decide on the cases.

This was in the light of revelations that the prosecution has 500 more witnesses lined up and 2,000 pieces of evidence to pin down the 196 accused for the 57 counts of murder.

Judge Jocelyn Solis-Reyes conducts hearings on the case two days each week but with such a pace, the trial of the cases may reach 25 years, the motion read.

“Such being the case, counsel for complainants and the members of the prosecution panel should have long been retired by that time. The same situation obtains as regards counsel for the accused and the honorable presiding judge as well.”

The defense pointed out that the conduct of separate hearings for their bail applications was necessary, especially with the doctrine of “justice delayed is justice denied.”

“Time and again, the Supreme Court has taught us that the accused’s constitutional right to bail should be conducted in a summary nature. Only substantial witnesses and evidence and not corroborative witnesses or evidence should be presented in bail hearings,” the pleading added.

Aside from separate hearings for their petitions for bail, the five accused were asking the court to conduct hearings on Mondays to tackle the private complainants’ evidence for the civil aspect of the case.

The accused also argued that to allow the prosecution to present 500 witness and 2,000 pieces of evidence in opposition to their applications for bail is “clearly unfair, unreasonable and capricious.”

“To avoid such an unconstitutional and whimsical scenario, the need to conduct separate summary hearings in respect of the accused’s applications for bail is warranted.”

Court records showed that Datu Sajid, son of Andal Sr. and brother of Andal Jr., has not yet been arraigned as he has several unresolved motions filed before the court.

Andal Jr., the prime suspect in the massacre, is detained at Camp Bagong Diwa in Taguig City, along with members of his family.