Fiscals oppose Ampatuan grandson’s bid for medical examination

MANILA, Philippines - The prosecution panel in the Maguindanao massacre trial is opposing a request of a grandson of former Maguindanao governor Andal Ampatuan Sr. for the court to allow him to have a medical check-up outside his detention facility in Camp Bagong Diwa, Bicutan, Taguig City.

In a three-page opposition, the prosecution panel said the request of Datu Anwar “Ipi” Ampatuan to undergo a check-up at the Philippine General Hospital lacks basis as there is no medical certificate or abstract that fully details his condition.

Last week, Ampatuan asked Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to allow him to undergo medical examination as he remains unable to walk due to injuries caused by an explosion that led to his arrest last year.

Ampatuan, through his lawyer Emmanuel Brotarlo, said that one of his legs is swollen and that it could be traced to an explosion in Mamasapano town in Maguindanao in March 2012. He was arrested while he was being treated at a hospital in the province.

According to Brotarlo, Ampatuan sustained a fist-sized wound in his back, vision and auditory defects, pain and tingling in his stomach, and blood in his urine.

The lawyer noted that Ampatuan’s doctor, Ibet Marie Sih, previously advised him to undergo another check-up in June 2013.

“Datu Ipi is more than willing that he be escorted and guarded during the duration of his medical check-up by the personnel of the BJMP (Bureau of Jail Management and Penology), AFP (Armed Forces of the Philippines) or of the Philippine National Police that the Honorable Court may deem appropriate,” read the motion.

Doubts

In their opposition, the prosecutors cited a Sept. 21, 2012 letter of jail warden John Conrad Basilio, who observed that Ampatuan “is currently stable, slightly able to walk using back brace with walkers and has a once-a-week visit of his private physical therapist.”

The prosecutors said this assessment puts in doubt the claims of Ampatuan and his lawyer.

“There is no explanation why accused-movant cannot be examined within the jail premises by government physicians as has been the request of the prosecution early on,” read the opposition.

“What the prosecution has been requesting is for a complete medical abstract/report that would justify the examination of accused outside the jail premises, as was filed by other accused Ampatuans before this Honorable Court,” it added.

Ampatuan is among the initial 197 suspects charged for the Nov. 23, 2009 massacre, which claimed the lives of 58 people, including 32 media practitioners.