Blame the inclement weather for adding to the delay in the Maguindanao massacre trial.
The lone court-appointed interpreter who was supposed to assist a prosecution witness in the latter’s testimony on Wednesday failed to appear, complaining of fever, colds and cough.
Lawyer Rolando Abo of the Office of Muslim Affairs (OMA) informed the court of the interpreter’s illness by text message to the court sheriff.
Defense lawyers were scheduled to cross-examine Esmael Enog Amil, a former militia member who had testified last month that he drove 36 armed men in two batches to Ampatuan, Maguindanao, on the morning of Nov. 23, 2009, the day of the massacre of 57 people.
(A 58th victim has been reported but his body has yet to be found.)
The defense lawyers were quick to blame the prosecution panel for their “lack of preparation,” and the comment triggered heated exchanges between both sides.
“[The prosecution] should be diligent enough to ensure that a hearing will not be cancelled,” because of such events, said lawyer Andres Manuel.
He said the prosecution could have “prepare[d] an additional interpreter.”
Any similar delays could drag the case “for 10 years or more,” pointed out Abdulkalim Askali, another defense lawyer.
Private prosecutor Nena Santos retorted that it was not for the panel to make arrangements for an interpreter.
Assistant Regional State Prosecutor Peter Medalle later explained that it is the court that arranges to get interpreters as “there might be questions [concerning] objectivity” if one or the other side brings their own interpreter.
“Some of our witnesses are plain folk who have no grasp of Tagalog. They only know how to express themselves in Maguindanaoan,” he said.
Defense lawyers then asked that the prosecution present the private complainants and hear the civil aspect of the case in the interpreter’s absence.
But the private prosecutors told the court their clients were not present as most of them were based in Mindanao.
Santos explained that she did not expect her clients to be presented because they had not been scheduled to take the stand. “We are dependent on the schedule of the prosecution panel,” she said.
Lawyer Harry Roque, another private prosecutor, said some of his clients may need at least a week’s notice to appear before the court as they live in Mindanao.
Medalle moved for continuance since the trial was virtually on a standstill. But some defense lawyers still insisted that the hearing should continue, and objected to the motion.