Ampatuans block presentation of evidence in Maguindanao massacre trial

MANILA, Philippines—Claiming they had not been apprised earlier of any additional prosecution evidence or witnesses, Ampatuan lawyers succeeded in blocking  the presentation on Wednesday of what the prosecution described as “vital” evidence that was found hidden inside one of the Maguindanao Massacre victim’s underwear.

In light of the defense’s objection, Judge Jocelyn Solis-Reyes deferred the presentation of a transcript of the last text messages that were supposedly sent out by Cynthia Oquendo-Ayon before she was killed with 56 other massacre victims on Nov. 23, 2009, in Maguindanao, and a number of witnesses who would have testified on the text messages.

The messages were stored in Ayon’s cell phone, which embalmers purportedly found hidden under her underwear.

“The court resolves to grant partially the urgent motion (of defense lawyers). The presentation of said witnesses is hereby deferred,” Reyes said during Wednesday’s hearing in Quezon City.

She put off presentation of the evidence and the witnesses pending a ruling by her on the defense lawyers’ urgent motion objecting to the evidence and testimony. Reyes promised to make a ruling at the soonest possible time but she also noted that either side could file a motion for reconsideration.

Ayon’s brother Senior Police Officer 4 Raymundo Oquendo testified last week that his sister was able to send text messages to a fellow lawyer before she was killed.

“Many have been killed. We’re next,” he quoted one of the text messages as saying.

But more importantly, Ayon supposedly asked a fellow lawyer to contact an Ampatuan lawyer for him to tell his clients to “please stop.” The massacre has been blamed on members of the influential Ampatuan clan, which had ruled Maguindao for more than two decades.

The prosecution had planned to present on Wednesday the transcript of those text messages, Ayon’s Sony cell phone, a picture of it, and five witnesses—including two NBI forensic experts—to explain the evidence.

The victim’s sister Gemma Oquendo, a private prosecutor in the case, was also set to testify on Wednesday.

“This (transcript) is damaging because this is a dying declaration. This is vital because it shows how they were killed, where and what time,” private prosecutor Harry Roque Jr. later told reporters.

Roque said Ayon’s cellular phone was found hidden under her underwear after her cadaver was brought to a funeral parlor.

“We also have a videotape showing how and when these text messages were transcribed,” he said.

However, Sigfrid Fortun and other defense lawyers complained that the NBI experts were not included by the prosecution in the pre-trial order that listed the witnesses they were going to present.

“This is a violation of fair play. Whatever the media says, (the accused) still enjoy the presumption of innocence,” Fortun said.

He warned that allowing the presentation of this batch of evidence and witnesses would be a “turning point” in the trial and could lead to the presentation of “manufactured evidence.”

“It would be prudent to act slowly not because the judge is acting slowly but because it wants to be fair and precise,” Fortun added.

Prosecutors rebutted the defense allegations and accused the defense of blocking the testimony of vital prosecution witnesses.

“The evidence has already been pre-marked but of course they (evidence) cannot talk so we need these experts to explain what they are,” Roque said.

Private prosecutor Nena Santos lamented the outcome of Wednesday’s hearing.

“This is very frustrating. Do we have to kneel down before we get justice?” an emotional Reynafe Momay-Castillo told reporters outside the court. Until now, the body of her father, journalist Reynaldo Momay, has yet to be found. Momay is unofficially considered the 58th massacre victim.

“Hindi lang sila mamamatay tao, kundi mamamatay oras din,” she added.