Lawyer blocks 1st witness vs Andal Sr.

MANILA, Philippines - Prime massacre suspect Andal Ampatuan Sr.’s lawyer succeeded yesterday in blocking a former militiaman from telling the court how the clan patriarch allegedly plotted the murder of Maguindanao Gov. Esmael Mangudadatu and his supporters in 2009.

Defense counsel Sigfrid Fortun insisted before presiding Judge Jocelyn Solis-Reyes that out of “propriety,” the prosecution’s first witness againt Ampatuan Sr., Kenny Dalandag, should not take the stand since a motion seeking to prevent his testimony is still pending in her court and another regional trial court (RTC) in Manila.

Fortun added that “it will be premature to take in (Dalandag’s) testimony” until the courts have determined if he can testify or not.

Prosecutor Nestor Lazaro, who was supposed to present Dalandag, argued that the case in Manila should not be used to prevent the latter from testifying. “The RTC in Manila is not superior to this court,” he said referring to Solis-Reyes’ Quezon City RTC Branch 221.

The prosecution, however, decided to “give way” after Solis-Reyes said she will resolve the pending motion first before Dalandag could testify.

According to Lazaro, they were unaware that such a motion was pending before Solis-Reyes because it was filed during the time of the previous panel of prosecutors. But he stressed that the case in Manila cannot be used as an excuse.

‘Ampatuans are afraid’

Dalandag claims to be a former member of the Ampatuan’s private army who was present at the checkpoint in Matagubong boundary in Maguindanao when the Mangudadatu convoy was flagged down on Nov. 23, 2009.

Had he been allowed to testify, the witness would have said, among others, how Andal Sr. allegedly called a meeting on Nov. 22, 2009 to “finalize” the plot to kill Mangudadatu and his supporters.

Based on the offer of his testimony, Dalandag was also supposed to tell court how the clan patriarch’s son and namesake, Andal Jr., treated the Mangudadatu convoy.

“I want to testify but the Ampatuans are afraid,” Dalandag said in Filipino as he was whisked out of the makeshift courtroom inside Camp Bagong Diwa in Taguig City.

He was already at the witness stand and had sworn to tell the truth – with a clenched fist – when the hour-long verbal tussle between the prosecution and defense camps ensued.

Before he was taken out of court, Dalandag looked at Andal Sr. and his son and the two men, who sat side by side, glanced back. It was the first the time the two were seen in court together and they often whispered to each other.

Ampatuan Sr. has also asked the court to allow him to post bail. His son, Andal Jr., was the first among the accused to file a petition for bail last year, but the request remains pending.

Last May, 15 other suspects – including Ampatuan Sr.'s other son, Datu Sajid Ampatuan – also filed petitions for bail.

Solis-Reyes has set a hearing for the bail petitions on June 29.

‘Dalagdag should be charged’

Aside from the pending motion, Fortun and another defense lawyer, Andres Manuel, questioned Dalagdag’s competence to be a witness.

Manuel said Dalandag should be charged because he admitted participating in the killings in his December 2009 affidavit.

Fortun questioned why Dalandag was turned into a state witness, but Lazaro argued that Dalandag is under the witness protection program, which means he no longer has to go through the procedures set in the Rules of Court.

Initially, the prosecution intended to present the Ampatuans’ former houseboy, Lakmodin Saliao, but failed because of “miscommunication.”  

Saliao, who was supposed to be recalled for Andal Sr.’s first trial day yesterday, earlier said the murders were planned over dinner.

NBN to air trial

Meanwhile, Malacañang announced yesterday government station National Broadcasting Network 4 (NBN-4) will air the trial of the case live.

Presidential Communications Operations Office Secretary Herminio Coloma said he instructed NBN-4 “to undertake a gavel-to-gavel coverage of the trial.”

Presidential Spokesman Edwin Lacierda said the live coverage “is a historic opportunity to see our justice system at work, and to understand how such a horrific crime could take place.”

Justice Secretary Leila de Lima, speaking during the opening of the Philippine Press Institute’s 15th National Press Forum Wednesday, said “the big challenge is to finish (the trial) within the term of the current administration.”

She said the case is not difficult, noting that the prosecution has the facts and the witnesses, but “we just have to cope with… the continuing attempts of the accused and their cohorts to jeopardize everything being done in the case.” – With Aurea Calica, Dino Balabo