Maguindanao massacre: No more funds to pay for defense lawyers?

MANILA, Philippines - Is a lack of funds the reason why the lawyers of the Ampatuan clan withdrew from the Maguindanao massacre case?

During a hearing at the Quezon City Jail-Annex in Camp Bagong Diwa on Thursday, primary accused Andal Ampatuan Jr. told the court that they need time to find not just new lawyers, but also the money to pay for their services.

“Seven days will not be enough for us to find new lawyers,” Ampatuan said in Filipino. “Our family will also have to find the money to pay for their services.”

The STAR has repeatedly asked Sigfrid Fortun, former lawyer of Andal Jr. and his father Andal Sr., why they withdrew from the case but he has yet to respond to inquiries.

Andal Jr., meanwhile, refused to comment when asked by The STAR about the matter following Thursday’s hearing.

The former Datu Unsay mayor is asking Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes to extend the seven-day period, which will expire on Wednesday.

The suspect – speaking in behalf of 11 other suspects, including his father and some relatives – said they will not be able to find new lawyers in the period given to them by the judge.

He noted that they have no means to contact their families, who would assist them in looking for new lawyers.

Solis-Reyes said the seven-day period will remain and that she will only rule on Ampatuan’s request for extension once it expires.

The court set the seven-day period upon the request of private prosecutor Harry Roque, who said the lack of defense lawyers could delay the proceedings.

‘We also have rights’

During the hearing, Solis-Reyes asked Andal Jr. if they would allow public attorney Laguindab Marohombsar or defense counsel Andre de Jesus – lawyer of his brother Zaldy – to represent them for the day’s proceeding.

Andar Jr., however, refused and said they will just hire the services of new lawyers. He maintained this position even after being informed that they could avail for free the services of a public attorney, or that their case could be referred to the Integrated Bar of the Philippines.

“Don’t we have rights (to choose who will represent us)?” he asked in Filipino.

Solis-Reyes asked Andal Jr. if he would be amenable to the appointment of a counsel de officio as the witnesses set to be presented by the prosecution came from Mindanao.

With the refusal, however, the court had no choice but to excuse those without lawyers from the proceedings.

The witnesses will have to return to Manila from Maguindanao should the new lawyers of Andal Jr. and the 12 other suspects tell the court that they would want to cross-examine them.

Aside from Andal Jr. and Andal Sr., also ordered to find new lawyers are their relatives – Anwar Sr., Sajid Islam, Akmad, Datu Ulo, and Datu Ipi – as well as suspects Moktar Daud, Taya Bangkulat, Salik Bangkulat, Not Abdul, and Nasser Esmail.

Last week, three firms representing the 25 accused – Fortun Narvasa & Salazar, Manuel law office, and Real Brotarlo & Real – simultaneously filed withdrawals of appearance. No reason was stated on why they decided to withdraw from the cases.

The defense lawyers withdrew from the case even as the court is set to schedule hearings for the presentation of their evidence in support of their bail petition.

The next hearing is scheduled on Sept. 3, during which lawyers of Zaldy – the only primary accused with defense counsels at the moment – will present their first set of evidence in support of their client’s bail petition.