Datu Akmad “Toto” Ampatuan Sr., one of the Ampatuans facing multiple murder charges for the Maguindanao massacre, has asked a Quezon City court to dismiss the charges against him, claiming he was supervising a medical mission on Nov. 23, 2009, when the killings took place.
The accused is among the 196 facing charges for the massacre of at least 57 people in Maguindanao province in 2009, allegedly masterminded by Andal Ampatuan Jr.
In a motion to dismiss filed this week, Ampatuan told Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 in Quezon City that his actual participation in the massacre was not mentioned in the sworn statements submitted by prosecution star witness Kenny Dalandag and other witnesses.
Ampatuan added that Dalandag’s statements did not even mention his name as “having attended any meeting, flagging or killing any of the victims.”
“There is no evidence to show that Datu Akmad conspired with other people in killing the victims,” said the motion filed by Ampatuan’s counsels, lawyers Paris Real, Emmanuel Brotarlo and Sherwin Real.
Witnesses
It added: “The affidavits of supposed prosecution witnesses do not even disclose, even remotely, Datu Akmad’s alleged involvement in the subject crimes. In fact, there is totally no direct or indirect evidence showing his supposed involvement in these crimes.”
The motion claimed that at the time of the killings, Ampatuan was in Mamasapano, Maguindanao, overseeing a medical mission involving Manila-based doctors, which he had planned and organized even before Nov. 23, 2009.
It said that on the date, Ampatuan sent his men to the airport to fetch the doctors from Manila and sort out the medicines to be given away.
“Datu Akmad personally attended and supervised the subject medical mission. In fact, he stayed in Mamasapano from around 7:30 a.m. up to the time when the medical mission ended at around 5 p.m.,” the motion said.
The motion presented as proof a joint affidavit of two town officials where they attested to taking photographs and videos of Ampatuan personally keeping an eye on the medical mission.