‘Ampatuans afraid of testimony’

For the first time since the start of the trial of the Maguindanao massacre case, former Maguindanao Gov. Andal Ampatuan Sr. and his son and namesake on Thursday appeared together in court to hear potentially explosive testimony against them from a key state witness.

But the face-off between the handcuffed Ampatuans and their purported ex-henchman, Kenny Dalandag, did not materialize. After nearly an hour of heated argument, defense lawyers led by Sigfrid Fortun were able to convince Judge Jocelyn Solis-Reyes to postpone Dalandag’s testimony until after she had resolved an earlier defense motion to have the latter’s name stricken off the list of government witnesses.

“I want to testify but the Ampatuans are afraid,” Dalandag said on his way out of the courtroom.

The massacre victims’ kin deplored the delay in Dalandag’s testimony, and many of them said they were angered by the sight of the Ampatuans in court.

A daughter of massacre victim Bai Eden Mangudadatu, who declined to give her name, cast dagger looks at the two men throughout the hearing and, as Ampatuan Sr. was being led out of the courtroom, told him: “You’re a dog.”

She made barking sounds as the man and his escorts walked away.

“They know me. I look like my mother and I want them to remember who they killed,” she said.

Juliet Evardo, whose son, UNTV editor and cameraman Julito Evardo, was among the victims, said it was her first time to see the patriarch of the powerful clan.

“So he is the father … How could a parent teach his son to do such evil things?” she said.

Gloria Teodoro, who testified on Wednesday about how the killing of her husband, Central Mindanao Inquirer publisher Andres Teodoro, had devastated her and her family, said she was “angry that [Dalandag’s testimony] did not push through.”

“It was supposed to be the climax of our visit here,” said Teodoro, who was sitting only a few meters away from the father and son, and who is flying back to Mindanao today.

“If only I could have my revenge,” she said.

Present at the creation

Before Dalandag left the witness stand, he tried to ask the judge to allow him to testify, claiming that he had been receiving death threats.

Dalandag claims to have been in charge of Ampatuan Sr.’s private armor. He was allegedly present starting from the night that the Ampatuans were said to have planned the massacre of the Mangudadatus and their supporters, up to the checkpoint where the Mangudadatu convoy was stopped and the hill where all the 57 victims were shot dead. (There was a reported 58th victim, but the remains have yet to be found.)

He also allegedly witnessed how Ampatuan Jr. “treated” Bai Genalyn Mangudadatu, the wife of the incumbent governor of Maguindanao, Esmael Mangudadatu, and whose body was found with 19 gunshot wounds.

Dalandag had also planned to testify on the Ampatuans’ alleged attempt to bribe him with P10 million through an official of the National Bureau of Investigation.

“He is a credible witness because right after the massacre happened, he immediately surrendered to the police,” said one of the prosecutors in the case.

‘Farcical witness’

At the hearing, Ampatuan Jr. was seen grinning, shaking his head and occasionally sniffing on a nasal decongestant as Assistant State Prosecutor Nestor Lazaro gave the court a brief description of Dalandag’s intended testimony.

The prosecution had planned to recall another key witness, Lakmodin Saliao, to the witness stand to identify Ampatuan Sr., but a purported communication snafu late on Wednesday prevented prosecutors from preparing him for Thursday’s hearing.

In Saliao’s stead, the prosecution moved that Dalandag take the witness stand.

This drew adamant objections from defense lawyers, who pointed out that the prosecution informed the court on Wednesday afternoon that they were going to present Saliao.

Fortun initially said Dalandag was “a farcical witness” and his testimony was “hearsay” and “not relevant” to the specific charges filed against the Ampatuan father and son.

When Fortun asked Lazaro when the alleged bribery attempt happened and the latter was not able to answer immediately and was seen talking with lead prosecutor Peter Medalle, Fortun said: “The prosecutor does not even know. He is being coached because he does not know.”

Defense lawyer Andres Manuel then asked why Dalandag was not charged when he had submitted a sworn statement claiming that he was present during the planning and execution of the massacre.

Lazaro replied that Dalandag was included in the government’s witness protection program, and that the WPP rules gave them authority not to pursue charges against him.

After considerable argument between both camps, Judge Reyes called for a recess to confer with them and study the matter.

Later, Fortun said the defense would not insist on Reyes ruling on its pending motion, and the prosecution agreed to defer Dalandag’s testimony.

Lazaro said the prosecution would try to have Dalandag testify at the resumption of the trial on Wednesday.

Incidental victim

Testifying on the civil aspect of the multiple murder case, Eden Ridao said she was claiming more than P10 million in damages for the death of her husband Anthony Ridao.

But she told the court that while she was claiming damages, “no amount of money can compensate for the pain, anguish, loneliness and financial difficulties we’re suffering as a result of the loss of my husband.”

Anthony Ridao, an employee of the National Statistical Coordination Board, was on his way to work when the massacre occurred.

“He was not part of the [Mangudadatu] convoy but happened to pass the area at the time of the massacre,” the widow told the court.

She said her husband’s body and the Tamaraw FX he was driving to work were found buried at the massacre site. She said her husband’s face was almost unrecognizable but she was able to identify him through the wedding ring he was wearing.

“He was a very loving, caring and demonstrative husband. He always gave me flowers during special occasions and he was a good provider and a good father to our two children,” Eden Ridao said.

She presented documents such as a marriage certificate, the birth certificates of her children, a death certificate, as well as receipts for burial expenses to support her claim for damages.

Motion for bail

Ampatuan Sr. has asked Judge Reyes to allow him to post bail.

He filed his petition on Wednesday, saying that his right to post bail “flows from the presumption of innocence … of every accused.”

The former governor and 197 others, including his sons Ampatuan Jr. and Zaldy, are facing 57 counts of murder in connection with the killing of 57 people, 32 of them media workers, in Ampatuan, Maguindanao, on Nov. 23, 2009.

The court is to hear Ampatuan Sr.’s petition during the next hearing on June 29.

Ampatuan Jr. also earlier asked the court to allow him to post bail, but Reyes has yet to act on his petition. With a report from Tina G. Santos