Prosecutors in Maguindanao massacre trial want to present 10 vital witnesses

MANILA, Philippines—Government prosecutors in the Maguindanao massacre case could wrap up their case within two months if they were allowed to present 10 remaining vital witnesses, the head of the prosecution team said on Wednesday.

Lead prosecutor Peter Medalle said the government side could finish giving its evidence “within one to two months” if only its remaining vital witnesses were allowed to testify about what they knew about the massacre on November 23, 2009, that left 57 people dead, many of them journalists, in Ampatuan town, Maguindanao.

These witnesses include Kenny Dalandag, who allegedly saw members of the Ampatuan clan plan the massacre and the actual execution of the victims, and others who could testify about the cell phone one of the victims allegedly use to tell a fellow lawyer to ask the Ampatuans to stop the massacre.

However, the lawyers of the Ampatuans led by Sigrid Fortun had filed several motions before the Quezon City Regional Trial Court hearing the case and have been planning to go up to the Supreme Court to block their testimony.

Private prosecutors urged Judge Jocelyn Solis-Reyes, on Wednesday, to suspend the hearings until her resolution of all the motions made by the Ampatuans but the judge denied their request, pointing out that Fortun had opposed it.

“We can finish the (presentation of government witnesses) in one to two months time if those witnesses are presented. Although these are bail proceedings, the evidence presented here could later be adopted as evidence in chief,” Medalle said.

Once the government wraps up its case, defense lawyers could then start presenting their own witnesses and evidence.

“We can’t move forward because of the 67 motions filed by the defense,” said private prosecutor Nena Santos.

She noted that 21 of the accused, including former Autonomous Region in Muslim Mindanao Governor Zaldy Ampatuan, have not been arraigned.

Since the beginning of the trial in late 2010, the prosecution had already presented 54 witnesses and 33 private complainants, Santos added.

On Wednesday, the prosecution and defense lawyers again clashed after the witness scheduled to testify on Wednesday, an Army lieutenant colonel, begged off because he had to attend an event in Zamboanga.

The prosecution has been presenting “minor” witnesses while the court reviews the formal objections of Ampatuan lawyers to the testimony of major witnesses.

However, the defense would complain vigorously if these minor witnesses failed to attend and the prosecution could not provide an alternative.

“If you have any shortcomings, do not pass the buck or put the blame on the court,” Judge Reyes said, noting a previous agreement between the parties that the prosecution should be ready with an alternative.

The prosecutors suggested that lawyer Gemma Oquendo testify but Fortun quickly pointed out that she was among those he objected to because she was not identified in the pre-trial orders as a government witness.

Defense lawyer Paris Real suggested that government witnesses who failed to attend on schedule should be “deemed waived.”

Judge Reyes set the next hearing on Wednesday at Camp Bagong Diwa in Bicutan, Taguig, as an accused militiaman detained there is set to be arraigned.