Judge allows new witness in Maguindanao massacre trial

MANILA, Philippines - More than four years after the Maguindanao massacre, the prosecution panel yesterday 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, the court finds the motion to discharge (Esmael Canapia) impressed with merit,” read the order dated Feb. 21 and released to the media yesterday.

Canapia – a special CAFGU (Citizen Armed Forces 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 is a direct evidence that could be used in the prosecution of the case.

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

The claim that he is “not the most guilty” in the case was also questioned by some of the accused, who noted that a “freshly-fired” firearm was discovered in his possession when he was arrested after the massacre.

But in her order, Solis-Reyes said 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 he was the one who used the firearm,” it added.

Solis-Reyes said Canapia was able to identify three groups of suspects who participated in the massacre. They were Armando Ambalgan aka Omar Bulatukan; Maot Dumla aka Not Abdul; Ibrahim Kamal Tatak aka Thong Guiamano, and Rakim Kenog aka 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.

With Canapia’s discharge as one of the suspects, the number of accused in the massacre is now down to 194.

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