‘Wheels of justice moving in massacre case’

MANILA, Philippines - The prosecution of the Maguindanao massacre case remains on track despite delays in the resolution of the case.

Justice Secretary Leila de Lima gave this assurance yesterday as she addressed criticisms from various sectors on the slow pace of the trial before the Quezon City regional trial court.

“We should understand that the wheels of justice are moving in this case. The judge is trying her best. So are the public prosecutors handling the case,” she told reporters.

De Lima lamented that critics, particularly foreign journalists who recently visited the country, should have a better understanding of the legal processes before they judge the government in the handling of the case.

She pointed out that the multiple murder case being heard by Quezon City RTC Branch 221 Judge Jocelyn Solis-Reyes involves 58 victims, 197 accused, 147 prosecution witnesses and 300 defense witnesses.

“If they (critics) only knew what it’s like to handle this case given the number of witnesses presented, they would understand why this is a difficult case,” she said.

“We don’t blame them for espousing that thought that the case is moving slowly. But we are repeatedly assuring that on the part of the prosecution, we are not falling short in our duty,” she added.

De Lima plans to fly to Maguindanao tomorrow, the fifth anniversary of the massacre.

“I look forward to having a dialogue with the families of the victims and touch base with some witnesses,” she said.

De Lima earlier said the government was targeting to secure the conviction of the principal accused before the end of President Aquino’s term in 2016.

Two of the 197 accused, Hernanie Decipulo and Sukarno Badal, died while in detention while another accused, Johan Drapper, was dropped from the charges.

A new witness, Dennis Sakal who was said to be a former driver of the principal accused Andal Ampatuan Jr., was killed in Shariff Aguak on Tuesday.

‘Slain witness won’t testify vs Andal’

Sakal received a death threat for refusing to testify against Andal Jr., a police blotter sent to The STAR showed.

The police blotter was sent by lawyer Salvador Panelo, the defense counsel of Andal Jr.

Panelo said the police blotter would prove his claim that Sakal was set to testify for the defense and not for the prosecution.

Private prosecutor Nena Santos has repeatedly stated that Sakal has defected from the Ampatuan clan and will testify for the prosecution.

But based on the extract blotter, which was taken at the Datu Unsay municipal police station on Oct. 23, Sakal requested the police to put on record the threat that he received from a local official after he refused to testify against Ampatuan.

In the blotter, Sakal supposedly told the police that he was being asked by former Datu Salibo mayor Akmad Baganian Ampatuan, a relative of the Ampatuans, to testify against Andal Jr.

Also named in the blotter were Shariff Aguak acting Mayor Maroup Ampatuan and a certain Abby Baganian Aguak Ampatuan.

The acting mayor recently took over the top post of Shariff Aguak after the mayor, Zahara Ampatuan, abandoned her post in September over murder charges for the death of a secretary of the municipal council.

The missing mayor is the wife of Anwar Ampatuan Sr., brother of Andal Jr., who is also charged for the Maguindanao massacre.

Based on the blotter, the slain potential witness allegedly claimed that he was offered a motorcycle, a house and P100,000 in exchange for testifying against Andal Jr.

He was supposedly also asked to testify in “fabricated cases” that would be filed against other political allies of the Ampatuans.

Named among those allegedly forcing Sakal to turn against the Ampatuans was Butch Saudagal, a confirmed prosecution witness who was injured during the ambush on Tuesday.

Based on the blotter, Sakal allegedly said in Filipino: “I answered, my conscience is clear, I cannot adhere to your request because Datu Andal Jr. did not commit any crime and the allegations against him are not true.”

Because of his response, Sakal said Akmad Baganian threatened to kill him and his family.

Written in Filipino, the blotter was certified correct by Datu Unsay municipal police station officer-in-charge Inspector Dan Junson Vargas-Espinosa.

A police officer who responded to The STAR’s phone inquiry verified the existence of the blotter. He also confirmed that Panelo requested for a copy of the blotter.

According to Santos, lawyer of Maguindanao Gov. Esmael Mangudadatu, Sakal voluntarily offered his testimony for the prosecution.

She said he was one of the witnesses who were set to meet Secretary De Lima.

Unlike Panelo who was to meet Sakal, Santos said she already met and personally vetted the slain potential witness.

“How can he be pressured?” Santos said. “Why will we do that when they (Sakal and Saudagal) have been vetted twice together, with Saudagal having executed his judicial affidavit before the prosecutor and Sakal was scheduled to see me that day for his final vetting and signature of his affidavit.”

Santos declined the request for a copy of the unsigned copy of Sakal’s supposed affidavit.

But during a press conference with relatives of some of the victims on Thursday, private prosecutor Harry Roque admitted that the slain witness was a witness for the defense and not for the prosecution.

Roque also intimated the rift among prosecutors handling the case, saying it is between the private lawyers Santos and Prima Quinsayas and the rest of the panel. With Janvic Mateo