Presentation of military witness deferred on urging of Ampatuans

MANILA, Philippines—A Quezon City court trying the Maguindanao massacre case has decided to postpone the testimony of a  military officer who was set to testify for the prosecution last month.

Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 granted an urgent plea of Andal Ampatuan Jr. and his father seeking the deferment of Philippine Army Capt. Julius Gundayao’s testimony.

They said the court had yet to resolve the acccused’s appeal to postpone the court appearances of additional witnesses not on the pre-trial list of witnesses and evidence.

“It is only proper that the presentation of such witness be deferred until such time that the said motion is finally resolved by the court,” Reyes said in her Feb.15 order.

Gundayao’s name was mentioned in the testimony of Maj. Peter Edwin Narciso on Nov. 23, 2011, two years after the Maguindanao massacre, which left 57 people dead.

The prosecution manifested its desire to present the Army captain as its witness but the defense pointed out that the officer was not on any pre-trial order list of witnesses and evidence.

The defense also opposed the presentation of Gemma Oquendo, sister of victim and lawyer Cynthia Oquendo, and a forensic expert of the National Bureau of Investigation for the same reason.

Aside from Andal Jr. and Sr., other defense lawyers orally adopted their urgent motion in seeking to defer the Army captain’s turn on the witness stand.

They are: Andres Manuel, Abdulkalim Askali, Laguindab Marohombsar, as well as lawyers representing police officers also charged in the multiple-murder case.

A total of 196 persons have been charged with multiple murder for the Nov. 23, 2009 massacre, with members of the Ampatuan clan topping the list. About half of the suspects are still at large.