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Agra won’t inhibit self, cites proof of Zaldy Ampatuan alibi


(Updated 5:45 p.m.) Acting Justice Secretary Alberto Agra will not inhibit himself from the murder case against the Ampatuans in connection with the massacre of 57 people in Maguindanao last year, saying his order to clear two members of the family had been based on strong evidence. Agra told GMA Network’s Balitanghali newscast on Sunday detained Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan had presented strong evidence that he was not at the crime scene. "He presented cell phone records, a Philippine Airlines certification, and a witness proving that he was in Davao on November 20-23. There was no evidence that he was part of the conspiracy," the Justice chief said in Filipino. He agreed that alibi is the weakest defense, but said it may be used if it is supported by evidence.
Lawyers questioning the exoneration of Zaldy and cousin Mamasapano Mayor Akmad Ampatuan earlier said absence from the scene does not mean noninvolvement in the planning. (See Private lawyers to question exoneration of 2 Ampatuans in murder case) "In this case we found strong evidence proving the alibi," Agra said. He added that the same resolution had found probable cause in the multiple murder case against Andal Ampatuan Sr., Andal Ampatuan Jr. and Anwar Ampatuan. Agra cited an earlier resolution clearing one of the witnesses who was originally on the charge sheet. This, Agra said, was not in any a way a concession but was also based on evidence. He added that those who disagree with his order could seek a reconsideration of the ruling before the department or appeal it at the Court of Appeals. Media outrage Meanwhile, the National Union of Journalists (NUJP) said the exoneration of the two Ampatuans "sets the tone for where the case is going." "It looks like there is a disconnect between the idea of a democracy and the way Secretary Agra thinks," NUJP Director Rowena Paraan told the newscast in a separate interview. She added that Agra should not only inhibit himself from the case but resign. "He should not just inhibit himself from the case. He should also resign because he doesn’t seem to know what his job is as Justice secretary," she said in Filipino. She also said Agra’s order came out late on Friday so people could not immediately react.
"It is not easy to simply leave it to the court," said Paraan, who called on the public and media to get involved so that justice will be served. "We need to pressure the Department of Justice and Malacañang to do what is right and ensure that the massacre victims will get justice," she added. Members of the National Press Club (NPC), meanwhile will picket the DOJ along Padre Faura Street in Manila at 1 p.m. Monday to question the decision to clear two members of the Ampatuan clan. “Ang NPC ay kinukundena ang ginawang pag-abswelto kay Zaldy at Akmad Ampatuan. Plano ng NPC mag-rally sa tapat ng DOJ at 1 p.m. Monday," NPC director Marlon Purificacion said in an interview on dzRH radio. (The NPC condemns the clearing of Zaldy and Akmad Ampatuan. It will hold a rally in front of the DOJ building at 1 p.m. Monday.) He said the NPC was both saddened and outraged for the victims of the massacre, saying the development bodes ill for the justice system in the country. — Carmela G. Lapeña/NPA, GMANews.TV
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