Fiscals seek exclusion of suspect in Maguindanao massacre

MANILA, Philippines - The prosecution panel in the 2009 Maguindanao massacre trial has asked a Quezon City court to exclude from the list of the accused in the 58th murder case a suspect who had been allowed to turn state witness.

In a two-page manifestation released to the media yesterday, the panel led by prosecutor Archimedes Manabat said they would adopt their earlier motion asking the court to discharge former Sultan sa Barongis vice mayor Sukarno Badal from the list of the accused.

Judge Jocelyn Solis-Reyes noted the manifestation of the prosecutors.

In an order dated Feb. 13, Solis-Reyes allowed Badal – a former political ally of the Ampatuans – to become a state witness and dropped the initial 57 counts of murder filed against him in connection with the Nov. 23, 2009 bloodbath.

But in an order last May, the judge found probable cause to include Badal in the list of the accused for the death of the alleged 58th victim, photojournalist Reynaldo Bebot Momay.

The latest case was filed in court in September 2012, almost three years after the massacre.

In allowing Badal to become a state witness, Solis-Reyes said that a suspect’s admission to the witness protection program (WPP) “as determined by the Department of Justice (DOJ) may be used to petition his discharge from the list of suspects.”

“The DOJ has the sole prerogative to determine whether accused Badal has satisfied the requirements for admission under (the WPP),” said Solis-Reyes.

“The court is of the opinion that said agency’s finding must be accorded with great respect… To do otherwise would amount to an encroachment of an executive function exercised by the DOJ,” she said.

The prosecutors said there was “absolute necessity” for his testimony.

The defense panel is opposing the bid to turn the former vice mayor into a state witness.

Badal is among the six suspects who have yet to be arraigned for the 58th murder case. The others are Mohamad Sangki, Esmael Canapia, Takpan Dilon, Talembo Masukat and Sahid Guiamadel.

The arraignment of Masukat and Guiamadel was deferred pending the resolution of their respective motions filed with the court.

Badal and another suspect, Police Officer 1 Johann Draper, will not be arraigned for the 57 counts of murder as the cases against them have been dropped.

Sangki, Canapia and Dilon have pleaded not guilty to the initial 57 counts of murder.

The prosecution panel earlier asked the court to turn them into state witnesses.

A total of 197 people have been charged for the massacre, which claimed the lives of 58 people, including 32 media practitioners.