Ampatuan won't evade prosecution, says lawyer

MANILA, Philippines - Former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan will not evade prosecution in the Maguindanao massacre multiple murder case as he is confident evidence will prove his innocence, according to his counsel, Howard Calleja.

“Why should he escape? There is no reason for him to flee because he can prove his innocence,” Calleja said.

In a statement, Calleja again cited a past move of former justice secretary Alberto Agra that cleared Ampatuan of involvement in the massacre on Nov. 23, 2009.

“We are not asking for a dismissal of the case, but only a reinvestigation. governor Zaldy himself wants the public to know the evidence so he can prove his innocence. The mere fact that we filed our petition before the Court of Appeals means we are respecting the judicial process,” he said.

Due process

Calleja said the former ARMM governor was only included in the charge sheet because Agra “was forced to reverse his earlier decision after a public furor” over his earlier resolution that cleared Ampatuan.

“The appeal concerns due process and we are confident the Court of Appeals will agree with our grounds,” Calleja said, explaining that Ampatuan was deprived of his right to a preliminary investigation, which is a key element of due process.

“We are not even discussing the merits of the state prosecutors’ alleged evidence. It is a question of following the proper procedure,” he added.

Calleja said Agra excluded Ampatuan from the charges because he had several evidence to show that he was in Davao City when a witness claimed that he was in Shariff Aguak, Maguindanao where the massacre was supposedly planned.

The defense lawyer said that while Agra reversed his ruling purportedly because the prosecutors had new evidence, this new evidence was not allowed under Department of Justice rules. 

Calleja said that if the CA rules in favor of Ampatuan’s appeal for due process, there should be no legal impediment for him to be granted bail because the evidence against him is weak.