Ampatuan move to subpoena crime lab chief questioned

MANILA, Philippines - The prosecution panel in the Maguindanao massacre trial has questioned the legality of a move by defense lawyers to subpoena the director of the Philippine National Police (PNP) crime laboratory and five other individuals for interview and taking of their judicial affidavits.

In five-page motion and manifestation released to the media yesterday, the panel asked Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to stop the defense from taking judicial affidavits for being “premature, legally groundless and irregular.”

During yesterday’s hearing, Solis-Reyes noted the motion and considered it moot and academic as it was filed “long after the said judicial affidavit taking was made.”

The prosecution asked the court to direct the defense lawyers to furnish them with copies of requests for subpoenas in the future in order for them to be able to properly comment on the requests.

The panel said the move of the defense to summon individuals – including PNP crime laboratory director Chief Superintendent Liza Fabong and Bureau of Immigration chief Sigfried Mison – deprived the state of its right to be present and represented by counsel in the taking of direct examination.

“While it may appear that submission of judicial affidavit will expedite the proceedings, the same should not be resorted to if it would cause favorable advantage to the defense at the expense of the right of the state to be present at all stages of the proceedings,” read the manifestation.

The manifestation was filed weeks after the court ordered Fabong on Oct. 16 to appear before the court as per the request of defense lawyer Sigfrid Fortun, who said the police officer will be interviewed and that her judicial affidavit will be taken during the process.

Fabong was asked to bring with her all reports on the result of the ballistics examinations conducted on the firearms seized from private armed groups or those believed to have been used in the Nov. 23, 2009 incident. She appeared on Oct. 18.

Two weeks later, Fortun asked the court to subpoena Mison, Department of Foreign Affairs passport division director Russel Reyes, Philippine Airlines flight records section head Sarah Reyes, Maranaw Hotels and Resort general manager Danny Sy and the chief of the PNP Region 12 Criminal Investigation and Detection Unit.

With exception of the police officer, the four – who were also asked to bring various documents – appeared before the court on Friday.