Ex-justice chief refuses to testify in massacre trial

MANILA, Philippines - Former justice secretary Agnes Devanadera has asked the court handling the Maguindanao massacre trial to stop the lawyer of suspect Andal Ampatuan Jr. from presenting her as a defense witness.

In an 11-page motion, Devanadera – the justice secretary at the time of the massacre on Nov. 23, 2009 – asked Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes yesterday to quash the subpoena ordering her appearance on the scheduled hearing on July 29.

Ampatuan’s lawyer, Salvador Panelo, said Devanadera would be presented to the court to establish that the government “short-circuited the process” when it arrested and illegally subjected his client to inquest proceedings.

The motion, filed through lawyer Anacleto Diaz, said Devanadera could not be asked to testify before the court due to compelling legal reasons.

It said that as a former justice secretary, Devanadera acted as an attorney of the government with the People of the Philippines as her clients.

The former secretary said she could not violate her oath as a lawyer, citing the Revised Rules of Court, which prohibits the examination of a lawyer without the consent of his clients.

“Devanadera has the sacred duty as the then primary lawyer of the government and the People of the Philippines, to preserve and not reveal communications, legal advice which she may have given or any fact or information regarding the Maguindanao massacre which she may have acquired in her capacity as secretary of justice,” read the motion.

Being formerly a “part” of the prosecution panel, Devanadera also said the rules require that a party – in this case Panelo – first send “interrogatories” to the other party, which is the prosecution team.

“Devanadera was never served by the accused with written interrogatories. Nor did the accused address any request for admission of facts upon her,” added the motion.

Panelo said he will oppose the motion.

Earlier, the court summoned Devanadera and former press secretary Jesus Dureza to testify in support of the bail plea of Andal Jr.

Dureza was ordered to bring a copy of the Nov. 30, 2009 edition of the Mindanao Examiner that contained a report on the Maguindanao massacre, as well as the official report of former President Gloria Macapagal-Arroyo regarding the negotiations with the Ampatuans after the incident.

In a separate manifestation, Dureza said he will comply with the summons of the court and would appear in the scheduled hearings this month.

Fifty-eight people, including 32 media practitioners, were killed in the massacre. A total of 197 suspects, including prominent members of the Ampatuan clan, were tagged in the incident.

Records show that 113 suspects have been arrested, with three – including Ampatuan clan patriarch Andal Sr. – dying in detention.

The victims, led by the wife of then Buluan vice mayor and now Maguindanao governor Esmael Mangudadatu, were en route to Shariff Aguak to file Mangudadatu’s certificate of candidacy.

He was supposed to challenge a scion of the Ampatuan clan for the gubernatorial post.

The Ampatuans denied allegations that they planned and executed the massacre.