MANILA, Philippines - Former Maguindanao governor Andal Ampatuan Sr., sons Zaldy and Andal Jr., and the 75 other co-accused in the 2009 Maguindanao massacre yesterday pleaded not guilty to the murder of Reynaldo Momay, the 58th victim.
The remains of Momay, a photojournalist for the local paper Midland Review, have not been found.
The forensic team from the Commission on Human Rights recovered what they believed were parts of Momay’s dentures.
Momay’s daughter Reynafe claimed that before the massacre, her father had called a colleague saying he was in the van together with other media people.
The justice department said although Momay’s body was not found at the crime site in Barangay Salman, Ampatuan town, there is sufficient evidence that he was part of the convoy.
Quezon City Judge Jocelyn Solis-Reyes said there was probable cause to support the charges against the 78 accused for the murder of Momay.
The arraignment was done at a makeshift court in the Quezon City Jail-Annex building in Camp Bagong Diwa, Taguig.
Reyes also dismissed the 58th murder charge filed against Police Officer 1 Johann Draper, who was earlier released from detention after the court dropped the charges against him.
She also ordered the issuance of another set of arrest warrants for the 92 suspects who have yet to be arrested.
The order came after the prosecution panel manifested that they would not withdraw the case filed for the death of Momay.
For his part, lawyer Harry Roque, who represents the relatives of the massacre victims, said the arraignment of the 78 accused for the murder of Momay would serve as a precedent for future cases of enforced disappearance.
Meanwhile, Maguindanao Gov. Esmael Mangudadatu told reporters that he expected the accused to enter a not guilty plea for Momay’s murder.
The court denied a motion filed by Zaldy, the former governor of the Autonomous Region in Muslim Mindanao (ARMM), seeking separate court proceedings for his case.
Reyes said it was more apt that the case against all accused be jointly tried.
She rejected Zaldy’s allegations that his right to speedy trial was violated.
In his motion, Zaldy said his right to a speedy trial was violated due to the delays in the resolution of motions filed by his co-accused.
He said his right would be further violated if he would undergo court proceedings with the rest of the suspects as his case was different from the rest of the accused.
Zaldy claimed the length of the trial was affecting his health.
The court earlier confirmed a double entry in the order containing the list of suspects set to be arraigned yesterday.
The five-page order dated May 22 included the names of PO1 Tamano Hadi and PO1 Tamano Sahibal, who turned out to be the same person. – With Janvic Mateo