Fiscals undecided on witnesses to Zaldy’s ‘prior crimes’

MANILA, Philippines - Prosecutors in the Maguindanao massacre trial have yet to decide if they will present two witnesses recently allowed by the court to testify on the alleged prior crimes committed by former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan.

Prosecutor Aristotle Reyes said yesterday the panel will discuss the possibility of presenting Lakandula Bantillan and Abdulbayan Upam in opposition to the bail petition of Ampatuan.

In an eight-page order dated Sept. 16, Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes denied the defense motion asking the court to issue an order barring the presentation of the witnesses.

She allowed their presentation on Ampatuan’s alleged prior acts as long as their testimony “will not tend to principally prove the commission of such crime which are separate and distinct from the one the accused-movants are being charged with.”

Prior crimes to show ‘habit’

In January, Reyes said they would present Bantillan and Upam to testify on the crimes allegedly committed by the former ARMM governor prior to the Nov. 23, 2009 massacre.

Defense lawyer Sigfrid Fortun – representing Ampatuan and his father Andal Sr. and brother Andal Jr. – said “case law disallows presentation of evidence for prior ‘crimes’ allegedly committed by an accused to prove the commission of the offense subject to an ongoing trial.”

The prosecution has since said that the presentation of the said witnesses will be used to show a “specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage and the like.”

The prosecution panel has already offered their formal evidence on the bail petition of more than 60 suspects on the initial 57 counts of murder. They are currently presenting evidence in opposition to the suspects’ bail petition on the 58th murder charge.

The last case, filed for the alleged death of photojournalist Reynaldo “Bebot” Momay, was only submitted to the court last year.

Mangudadatu as witness

Also in January, incumbent Maguindanao Gov. Esmael Mangudadatu testified that Zaldy reportedly killed two people in 1995.

Reports said Mangudadatu told the court that he saw Ampatuan when he shot the victims at a gas station in Cotabato City. He said Ampatuan told him that he shot the victims because they were political enemies.

Mangudadatu said the shooting happened in broad daylight, adding that he did not report the incident to authorities for fear of his safety. He said he did not know the identities of the two victims.

Fortun reportedly tried to block Mangudadatu’s testimony, but Solis-Reyes allowed the prosecution panel to present the governor.

Justice by 2016?

Victims of the 2009 Maguindanao massacre will get justice before the end of President Aquino’s term in 2016, Mangudadatu said yesterday.

 â€œWe have faith under this present administration that justice will be served. I am confident that before 2016, there will be a verdict,” he said.

Mangudadatu said President Aquino assured him that justice will be served.

On the witness stand, Mangudadatu told the court how he found it strange that despite the close personal and political ties between his family and the Ampatuans, no message of condolence was relayed by the Ampatuan clan in the wake of the massacre that killed 58 persons, including his wife, two sisters and two aunts.

“The lack of sympathy was unusual. It’s one sign that they were responsible for the massacre,” he said.

Mangudadatu was grilled by defense lawyer Paris Real, trying to make him agree to the possibility that armed criminals set up the checkpoint and blocked a convoy led by Mangudadatu’s wife and relatives, who were supposed to bring his certificate of candidacy as governor of Maguindanao.

“They want to show that lawless elements were responsible, but there are so many police officers involved,” Mangudadatu later told reporters.

– With Mike Frialde