DOJ starts probe of Mamasapano clash

THE NEW BAILEY bridge rises beside the old wooden footbridge in Mamasapano, Maguindanao province. NASRUDIN KAMENSA/CONTRIBUTOR

The Department of Justice (DOJ) on Friday began its preliminary investigation of the encounter in Mamasapano, Maguindanao, last January, with at least four of the 90 respondents denying involvement in the clash that killed 44 police commandos.

READ: Over 300 SAF men on standby as 44 died in battle–military source

The 90 respondents, which government investigators said were members of the rebel Moro Islamic Liberation Front (MILF), face complex charges of direct assault with murder and theft of government property.

The suspects were tagged by a state witness, known only by the code name “Marathon,” as among those who killed 35 of the 44 members of the Philippine National Police-Special Action Force (SAF) in Barangay Tukanalipao, Mamasapano, last Jan. 25.

In yesterday’s hearing, the lawyers of four of the respondents denied that their clients were members of the MILF and involved in the killing of the police commandos.

Lawyer Ronald Hallid Torres said his client, Lakman Dawaling, was not a field commander of the MILF tagged in the killings.

“As a matter of fact, he (Dawaling) was one of those who helped the PNP to rescue or to get the [other SAF members involved in the operation] and to assist in the clearing operations,” Torres told reporters after the hearing.

The clash occurred as SAF operatives entered MILF territory without advance notice in order to capture suspected terrorist Zulkifli bin Hir, alias “Marwan.”

READ: FBI confirms death of Marwan in bloody Mamasapano raid

A ceasefire agreement between the government and the MILF requires advance notice of troop movements in rebel-held territory in Mindanao. Eighteen MILF fighters were also killed in the encounter.

Another lawyer, Carlos Valdez, representing Pendatun Utek Makakua, also appeared in the hearing to deny his client’s involvement in the killings.

Makakua, he said, was not a member of the MILF, what more a field commander of the secessionist group… he is a poor guy, a farmer,” Carlos said.

Torres also submitted a certification from the Department of Interior and Local Government stating that another client, Mustapha Inggo Tatak was the duly elected chair of Barangay Sapakan in Mamasapano.

The lawyer said he also has another client, a former teacher, who was surprised to see his name included among the respondents in the case.

DOJ state prosecutor Alexander Suarez said the next hearing will be on Dec. 17 and that all respondents who have been located would be informed about it so that they can show up and submit their counter-affidavits.

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