Lawyers’ group supports resting case vs Andal Jr.

MANILA, Philippines - A group of private prosecutors led by University of the Philippines professor Harry Roque is supporting the move of the prosecution panel in the Maguindanao massacre trial to terminate the presentation of evidence against Andal Ampatuan Jr. and 27 other suspects.

“Centerlaw (Center for International Law) supports the public prosecutors in their decision to rest the case against the 28 accused last March 4,” read a statement posted on Roque’s blog.

Court records show that the group, chaired by Roque, represents 15 of the 58 victims in the Nov. 23, 2009 massacre.

The statement was issued after Department of Justice (DOJ) Secretary Leila de Lima bared the supposed opposition of private prosecutor Nena Santos – lawyer of Maguindanao Gov. Esmael Mangudadatu – to rest the case against Andal Jr.

“The position of the public prosecutors is that the case may already rest, but Santos disagreed. We have yet to decide on this issue,” De Lima told reporters Thursday.

The justice secretary said the DOJ is considering recalling its panel’s move due to Santos’ objection.

In the statement, Roque said that with the big panel involved in the trial, “it is to be expected that there will be differences in opinions, theories and strategies.”

“We would like to assure the public that whatever issues there may be within the panel, everyone’s goal is the same: to ensure the conviction of those accused of murdering 58 people,” he added.

Private prosecutor Gilbert Andres, also a member of Centerlaw, added that all members of the prosecution panel are doing everything to get a conviction in the case.

“We enjoin other private prosecutors to submit their constructive suggestions on how to hasten the proceedings. We cannot afford to have a third change of panels. We welcome the decision to rest the case as this means that we can even have an early verdict against one of the principal accused – Andal Ampatuan Jr.,” he added.

Centerlaw confirmed in the statement that the public and private prosecutors met in January to discuss the impending resting of the case against some of the accused.

In addition to Andal Jr., the panel also rested on March 4 its case against Chief Inspector Sukarno Dicay, Moktar Daud; Zakaria Akil, alias Quago Akil; Manny Ampatuan; Misuari Ampatuan; Police Officer 3 Gibrael Alano; Senior Police Officer 2 Badawi Bakal and Mohamad Balading.

They also finished presenting evidence against PO3 Ricky Balanueco, PO1 Michael Macarongon, SPO1 Samad Maguindara, PO1 Abdulbayan Mundas, PO1 Badjun Panegas, PO1 Amir Solaiman, PO1 Datu Jerry Utto, Armando Ambalgan and Mohades Ampatuan.

Also included in the motion were Salik Bangkulat; Macton Bilungan; Maot Dumla; Nasser Esmael, alias Nassrudin Esmael; Edres Kasan; Nasser Talib; Salipad Tampogao, alias Tato Sampogao; Supt. Abusama Maguid; Ibrahim Kamal Tatak, alias Thong Guiamano; and Rakin Kenog, alias Rakim Amil.

“Except for the aforementioned 28 specified accused whom it is now ready to rest its cases against, the prosecution, despite disinterest to further present witnesses, is in no position to terminate its evidence presentation and rest its cases against the remaining 78 accused,” said the panel, noting pending incidents involving the other accused.

The suspects were among the 197 initial suspects tagged in the massacre that killed 58 people, including the wife of then Buluan vice mayor Mangudadatu. At least 32 media practitioners also died in the incident.