Private lawyers to question exoneration of 2 Ampatuans in murder case

Lawyers of the families of those massacred in Maguindanao last November 23 may take over the prosecution of the case following the Justice department’s decision to clear two members of the Ampatuan clan. Lawyer Harry Roque Jr. on Sunday said state decision to clear detained Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan and cousin Mamasapano Mayor Akmad Ampatuan had left the kin of the victims sleepless and scared. “Normally the private prosecutors are under the control and supervision of the fiscal. But we will question this now especially if the fiscals seek the dismissal of murder charges against the two. We will explore the possibility of private lawyers carrying on with the prosecution," Roque, one of the private lawyers, told dzBB radio in Filipino. “Jutice for the victims under Mrs. Arroyo’s administration is hopeless. While Justice Secretary Alberto Agra is the alter-ego of the President, it’s his job to give justice to the victims, and not cover up the crime," he added. Roque said they also planned to appeal the decision to clear the two accused before the Court of Appeals, and may take the case to the Supreme Court if necessary. On Saturday, Agra cleared Zaldy and Akmad Ampatuan of multiple murder charges. Acting on a petition filed by the two, Agra said he had ordered prosecutors to remove their names from the charge sheet since conspiracy had not been established. He said evidence showed Zaldy Ampatuan had not been at the crime scene at the time of the massacre, while witness Kenny Dalagdag had not identified Akmad. But he said the charges against former Maguindanao Governor Andal Ampatuan Sr. and Datu Unsay town Mayor Andal Ampatuan Jr. remain. But Roque said this was laughable since only the court could dismiss the charges. He added that with the decision, the only way to achieve justice is if Agra and President Arroyo are no longer in office. "It looks like there is an arrangement between them… The administration needs the Ampatuans to win the elections in Maguindanao," Roque said. Roque contested Agra’s claim that Zaldy had been cleared since he was not at the crime scene, noting that one involved in the planning does not need to be present at the scene. He added that alibi was a weak excuse. “A witness had testified that ARMM Gov. Zaldy Ampatuan was present at the planning of the massacre. And alibi is considered a very weak defense," he said. Roque noted that while they could have asked the Office of the Solicitor General to handle the case instead of the Justice department, both agencies are headed by Agra. Weeping Roque said relatives of the victims had wept upon learning of Agra’s decision to clear two members of the Ampatuan clan. The victims’ kin have also lost sleep fearing for their lives as they expect retribution from the Ampatuans. “The relatives of the victims are weeping, they are stressed not only by the injustice but also by the threats to their safety. If they already felt threatened even with the Ampatuans in detention, what more if some of them will be released?" he said. Roque said the latest development smacked of a “lutong macaw (trickery) given close ties between Mrs. Arroyo and the Ampatuan clan. He noted that the two Ampatuans had been cleared after rebellion charges against the Ampatuans were dropped. “You know how close the Ampatuans are to Mrs. Arroyo. We doubt if they will be jailed or sentenced," Roque said. — NPA, GMANews.TV