Backhoe operator appeals transfer order

MANILA, Philippines - The backhoe operator who allegedly dug the graves of the victims in the Maguindanao massacre is appealing an order of the Quezon City court, which ordered his transfer to Camp Bagong Diwa in Bicutan, Taguig City.

In a 12-page urgent motion for reconsideration, suspect Bong Andal – through his lawyer Israelito Torreon – asked the Regional Trial Court Branch 221 to allow his continued detention at the Philippine National Police (PNP) Custodial Center in Camp Crame.

Andal is appealing the order of Assisting Judge Genie Gapas-Agbada, who said there is no reason for him to be detained with the other accused in the Nov. 23, 2009 massacre.

The backhoe operator was initially brought to Camp Crame as the prosecution panel initially wanted him to become a state witness. They later changed their minds and said they just want Andal to be prosecuted like the other suspects.

In her two-page order, Gapas-Agbada noted that the alleged threat to Andal’s life is non-existent and is simply based on speculations, conjectures and assumptions.

She also noted that the suspect has not yet given any adverse testimony against his co-accused.

But in his appeal, Andal said that while he has yet to testify before the court, he had already been “coaxed by media personnel to reveal what he knew about the massacre.”

Andal’s lawyer said in his motion that the reports were “surely read or seen” by the Ampatuan clan, “thereby making him a magnet for revenge” by the clan or their supporters.

Torreon argued that neither the state nor the victims would not lose anything if Andal stays at PNP, as he is already detained.

The appeal is set to be heard on Monday.