Private prosecutor slams withdrawal of defense lawyers in massacre case

Atty. Harry Roque. RYAN LEAGOGO/INQUIRER.net

MANILA—A private prosecutor in the Maguindanao massacre trial denounced Friday the withdrawal of defense lawyers as a ploy to delay the proceedings.

Harry Roque, who represents the heirs of some victims in the massacre, said the withdrawal came as the prosecution is set to  make an offer of evidence and rest its case next week with respect to 28 of the defendants, including Andal Ampatuan Jr., one of the principal characters accused of masterminding the bloodbath.

One of the defense lawyers, however, said the Ampatuans had already hired new lawyers before they filed their withdrawal from the case on Thursday.

Sigfrid Fortun also hit the prosecution for its “slow completion” of the presentation of evidence in the hearings of bail petitions filed by some of the defendants.

“Because they were not able to derail us from filing our formal offer of evidence, they’ve now withdrawn to delay the proceedings,” Roque said on Friday. “Without counsel, who will comment on our formal offer and who will introduce evidence for the accused?”

Three law firms filed separate withdrawals of appearance on Thursday.

Fortun Narvasa & Salazar withdrew as counsel for Andal Ampatuan Sr. and Andal Ampatuan Jr.

Andal Jr., former mayor of the town of Datu Unsay, is covered by the prosecution’s upcoming formal offer of evidence against 28 accused. He is accused of masterminding, along with his father and other relatives, the Nov. 23, 2009 massacre of 58 people in a convoy en route to file the certificate of candidacy of Esmail Mangudadatu, who was running for governor of Maguindanao against Andal Ampatuan Jr. More than 30 of the victims were journalists covering the event.

Mangudadatu, who lost his wife and a sister and other relatives in the massacre, won the election in May the following year.

The other law firms that withdrew were Real Brotarlo & Real Law and Manuel Law Office, which represent several Ampatuans.

“The tactic of our adversary is to delay. That explains why there is opposition to our formal offer of evidence. And it certainly explains the withdrawal of the counsel. Now we see commonality of interests,” Roque said.

Private prosecutors Nena Santos and Prima Quinsayas earlier opposed the prosecution panel’s resting its case against 28 of the 194 accused. They later accused members of the prosecution of having been bribed.

“We will proceed as planned. We will seek justice now,” Roque said.

Sought for comment, Fortun said in a text message, “The Ampatuans have hired new lawyers before we filed withdrawal. No delay will occur.”

“What motive does the defense have to delay a case when accused have been in jail for four long years because of slow completion of prosecution evidence on their bail application?” Fortun said.

“The undersigned counsel respectfully withdraws its appearance for accused Andal S. Ampatuan Sr. and Andal U. Ampatuan Jr.” read the document filed by Fortun Narvasa & Salazar in the Quezon City Regional Trial Court Branch 221.

“It is respectfully requested that all pleadings, orders, notices and other process be furnished said accused at their place of detention at Quezon City Jail Annex, Bureau of Jail Management Penology, Camp Bagong Diwa Complex, Taguig City,” it said.

The withdrawal of apperance, signed by Gregorio Narvasa II, did not indicate a reason. It was also signed by Andal Sr. and Andal Jr.

The two other withdrawals had the same message and were also signed accordingly by the lawyers and the accused.

The Inquirer called the three law firms to get further comment but the staff who answered said the lawyers were not available and that they were not likely to disclose their reasons for withdrawing.

The trial of the massacre case is expected to be a complicated and long process, as they are not being tried all at the same time. Some of them are still at large and others, while already detained, have not been arraigned due to pending petitions questioning their arrest and indictment in the Supreme Court. The court is simultaneously also hearing petitions for bail filed separately by several of the accused.

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