‘Massacre trial could last 16 more years’

MANILA, Philippines - Days before the fourth anniversary of the Nov. 23, 2009 Maguindanao massacre, a private prosecutor in the multiple murder case said yesterday that the trial against those charged in connection with the bloodbath could last for 16 more years.

“At the rate we’re going, it would probably take us at least 16 (more) years,” said University of the Philippines law professor and Center for International Law director Harry Roque, who represents relatives of some of the massacre victims.

Roque noted that almost half of those charged for the incident have yet to be arrested, and that court proceedings against those behind bars are far from over.

He said the prosecution panel has only presented evidence in opposition to the bail petition of some of the accused.

“The defense will soon present its evidence, but only for their petition for bail. It seems that after four years, we are only finished with 20 percent (of the trial),” he said.

Murder by numbers

Court records show that only 108 of the initial 197 suspects have been arrested by the police. Of the arrested suspects, 104 have been arraigned for the first 57 counts of murder filed in connection with the massacre.

Charges against two of the remaining four – PO1 Johann Draper and Sukardo Badal – have been dismissed. Two other accused – Sahid Guiamadel alias Jun Aliman and Talembo Masukat – have yet to be arraigned.

An inquiry conducted by the Criminal Investigation and Detection Unit put in the spotlight the identity of Jun Aliman, who was said to be mistakenly arrested for the massacre.

Police arrested last week a suspect named Dexson Saptula, only to find out that a person carrying the same name had been arrested and arraigned for the incident.

Records show that the prosecution panel has presented more than 130 witnesses since court proceedings began in January 2010.

The defense panel has started summoning various individuals in an apparent move to prepare for its turn in presenting evidence for the bail petition.

Blame game

Both the prosecution and the defense panels are blaming each other for the supposed delays in the court proceedings.

For instance, Roque said they would not be able to rest their case since the defense is blocking the presentation of some of their witnesses.

The issue on the presentation of the witnesses is currently pending before the Court of Appeals and the Supreme Court.

Meanwhile, the defense previously filed several pleadings asking Quezon City Regional Trial Branch 221 Judge Jocelyn Solis-Reyes to order the prosecution panel to rest its case.

In a motion filed last March, the defense noted that the prosecution has “sought no less than seven postponements and 67 early adjournments” due to absence of witnesses, wrong witnesses, re-assigned witnesses or witnesses not being timely advised of schedule to testify.

“The several postponements made by the prosecution in the past two years and two months clearly show its purpose to delay the proceedings,” read the defense motion.

The defense panel likewise asked the judge to schedule additional trial dates to expedite the proceedings.

However, the prosecution panel said that additional trial dates would be “humanly impossible” as they are also handling other cases aside from the Maguindanao massacre.

Separate trials

Roque said that they have recommended the “first in, first out” scheme, which would allow the court to separately hear the case against the suspects.

“We said we would finish the presentation of evidence against specific people, so the court could immediately promulgate its decision against them... But the court denied it,” he said.

Similar proposals have been proposed by the defense.

For instance, former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan asked the court to hear his case separate from the other accused.

Ampatuan said his right to speedy trial was violated due to the delays in the resolution of various motions filed by his co-accused.

The judge denied Ampatuan’s request.