New state witness in Maguindanao massacre trial approved

MANILA, Philippines - More than four years after the Maguindanao massacre, the prosecution panel secured its second state witness after the court handling the multiple murder case allowed the discharge of one of the suspects in the Nov. 23, 2009 bloodbath.

In an 11-page order, Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes granted the motion of the prosecution panel to discharge suspect Esmael Canapia, who is among the 197 people initially tagged in the massacre.

“After an evaluation of the evidence adduced, the Court finds the motion to discharge Esmael Canapia impressed with merit,” read the order dated Feb. 21 and released to the media on Tuesday.

Canapia– a special CAFGU (Citizen Armed Geographical Unit) member– will be the prosecution panel’s second state witness, after the court allowed last year the discharge of former Sultan sa Barongis Vice Mayor Sukarno Badal, a known political ally of the Ampatuans.

The prosecution panel earlier said that there is absolute necessity for Canapia to become a state witness as his testimony, which could be substantially corroborated in its material points, is a direct evidence that could be used in the prosecution of the case.

The panel also alleged that Canapia, who identified some of his co-accused as perpetrators of the crime, does not appear to be the most guilty in the case.

The defense panel has opposed his discharge as an accused in the multiple murder case, saying there is no absolute need for his testimony as these were merely corroborative.

The claim that he was not the most guilty in the case was also question by some of the accused, who noted that a 'freshly fired' firearm was discovered in his possession when he was arrested after the Maguindanao massacre.

But in her order, Solis-Reyes said that the court is of the view that Canapia does not appear to be the most guilty in the case.

“It cannot be said that Canapia actually participated in the killing only because he was caught with a freshly-fired firearm,” read the order.

“No evidence, documentary or testimonial, was ever adduced to show that (1) he was the one who used the firearm; (2) he was present at the crime scene; (3) the same gun was used in shooting the victims; and (4) he was the one who fired the gun during the killing,” it added.

Identified suspects

Solis-Reyes said Canapia was able to identify three groups of suspects as supposedly those who participated in the massacre– those who were also identified by other witnesses; those who were identified by him and suspect Rex Ariel Diongon, who is also seeking to be turned into a state witness; and those whom he uniquely identified.

The suspects whom he uniquely identified were Armando Ambalgan a.k.a. Omar Bulatukan; Maot Dumla a.k.a. Not Abdul; Ibrahim Kamal Tatak a.k.a. Thong Guiamano; and Rakim Kenog a.k.a. Rakim Amil.

“In this last set of accused, the court is of the view that the testimony of Canapia becomes absolutely necessary for the state to utilize,” said Solis-Reyes.

“By virtue of this identification, it rationally follows that there is no other direct evidence available for the prosecution of criminal cases against the uniquely identified accused,” she added.

Solis-Reyes said she also found that Canapia’s testimony had been substantially corroborated in its material points by other witnesses.

With Canapia’s discharge as state witness, the number of total accused in the massacre is now down to 194. In addition to Badal, the court has already dismissed the case against PO1 Johann Draper.

Including the three, a total of 108 suspects have already been arrested by authorities. Among them were members of the Ampatuan clan, who were tagged as masterminds in the incident.

Three of the arrested suspects have yet to be arraigned– Talembo Masukat a.k.a. Talembo Abdulkahar, Dexson Saptula a.k.a. Mohamad Adam and recently arrested Abas Anongan.

Fifty-eight people, including 32 media practitioners, died in the massacre dubbed as the single worst incident for journalists in history.