MANILA, Philippines - The prosecution panel handling the Maguindanao massacre trial has filed an omnibus motion before a Quezon City court seeking the release to the custody of the witness protection program of a suspect earlier allowed to become a state witness in the case.
In a six-page motion released yesterday, the panel led by city prosecutor Archimedes Manabat said the release of Esmael Canapia was not expressly directed in the order that granted the motion for his discharge to become a witness to the case.
Canapia is being held in the Philippine National Police Custodial Center at Camp Crame.
The panel of prosecutors also asked the court to issue an order for the resumption of the trial for the recall of Canapia as a witness to the case.
Last month, Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 22 granted the motion for the discharge of Canapia, one of the 197 people initially tagged in the Nov. 23, 2009 bloodbath.
“After an evaluation of the evidence adduced, the court finds the motion to discharge Esmael Canapia impressed with merit,†read the order dated Feb. 21.
Second state witness
Canapia – a special CAFGU (Citizen Armed Forces Geographical Unit) member – will be the prosecution panel’s second state witness, after the court allowed last year the discharge of former Sultan sa Barongis vice mayor Sukarno Badal, a known political ally of the Ampatuans.
The prosecution panel earlier said that there is absolute necessity for Canapia to become a state witness as his testimony, which could be substantially corroborated in its material points, is direct evidence that could be used in the prosecution of the case.
In her order, Solis-Reyes said the court is of the view that Canapia does not appear to be the most guilty in the case.
“It cannot be said that Canapia actually participated in the killing only because he was caught with a freshly fired firearm,†read the order.
Solis-Reyes said Canapia was able to identify “unique†suspects in the massacre. They include Armando Ambalgan aka Omar Bulatukan; Maot Dumla aka Not Abdul; Ibrahim Kamal Tatak aka Thong Guiamano; and Rakim Kenog aka Rakim Amil.
“In this last set of accused, the court is of the view that the testimony of Canapia becomes absolutely necessary for the state to utilize,†said Solis-Reyes.
Solis-Reyes said she also found that Canapia’s testimony had been substantially corroborated in its material points by other witnesses.