Other Ampatuan massacre witnesses are ‘intact’ — DOJ

The reported killing of a would-be key witness in the Philippines’ worst single-day election-related violence may have scared other witnesses currently seeking government protection. But not if you ask Department of Justice (DOJ) Secretary Alberto Agra. Agra, together with the National Bureau of Investigation (NBI), on Friday assured the public that witnesses in government custody are safe. Security measures have even been intensified, Agra said. "Iyong ibang testigo, nag-check po kami kahapon, ay intact pa po (We checked the other witnesses yesterday and they are still intact), and we are continuing our coordination with private prosecutors," Agra told GMA News in an interview.
More security measures were added to ensure that prosecution witnesses do not suffer the fate of Suwaib Upham, a self-confessed gunman in the Ampatuan massacre in Maguindanao province that saw 57 people killed in one day. Upham, who was reportedly going to turn into state witness in exchange for immunity, was killed last June 14. "Kausap ko kahapon iyong head ng Witness Protection Program, lalo po naming pinagtibay ang protection ng mga witnesses na nasa ilalim ng aming programa," Agra said. (I talked yesterday to the head of the Witness Protection Program, and we moved to further strengthen the protection for witnesses under our program.) However, the justice secretary refused to elaborate on these added measures so as not to compromise the witnesses' safety. Upham failed to avail of government protection after disagreements regarding the venue of his interview with the DOJ. Upham reportedly said he feared going to the DOJ office in Manila since he was told the Ampatuans — prime suspects in the crime — controlled the agency. In a separate radio report, Ricardo Diaz, NBI spokesman for the Ampatuan massacre and chief of the NBI Counter-terrorism Unit, said all the witnesses in their custody, including Kenny Dalandag, are still safe with them. Dalandag's family are likewise being secured by the government as part of its WPP. In his affidavit, Dalandag claimed he witnessed members of the Ampatuan clan meeting on the night of November 22 at the residence of patriarch Andal Ampatuan Sr. to iron out details of the massacre that was carried out the next day. Agra blames Roque Agra denied making it difficult for Upham to avail of the WPP, and blamed Harry Roque for the failed negotiations between the gunman and the DOJ. [See related: Kin of massacre victims lose 'biggest’ witness, counsel says] Roque, lawyer of the families of 14 of the 32 slain journalists in the massacre, was the first individual to tell the media about Upham's death. "Harry Roque is the one at fault. He never respected the authority of the public prosecutors. The public prosecutors have control over private prosecutors, not the other way around," he said in a text message to reporters. The Justice chief claimed that Roque's camp never presented Upham to the DOJ and kept changing the venue for his (Upham) interview, a requirement for the WPP. Agra stressed the need to thoroughly screen people applying for the WPP, saying the agency's limited funds need to be used properly. "May ilang witness na pain lang or pakawala lang para guluhin ang kaso kaya bigyan niyo po kami ng chance para kausapin sila [ng maigi]," Agra said. (Some witnesses are mere bait, which are let loose to muddle the case. So please give us the chance to talk to them thoroughly.) On the other hand, Roque said they suggested different venues for the interview because the Justice department insisted on holding the interview inside DOJ premises, which Upham himself was opposed to. "Twice, the DOJ set the date and time for the interview, giving us the option to name the venue. Twice, the DOJ objected to the venue at the last minute, insisting witness should come into the premises of the DOJ," he said. Roque said his law firm wrote a letter to Assistant Chief State Prosecutor Richard Fadullon dated March 5, requesting the inclusion of Upham as among the prosecution witnesses. Malacañang on Friday urged both state and private prosecutors to get their acts together, and not blame each other for Upham's death. "The problem is that the private lawyers for the victims have no trust and faith on the DOJ and as a result said witness was not even presented to the DOJ...since said witness has never been presented to DOJ, they have no way of finding out and even included (him) in the list of witnesses that deserves to be protected," said Deputy Presidential Spokesman Charito Planas. Antagonizing the court Fadullon raised exactly this point when he replied to Roque's March 5 letter, saying Roque's camp did not coordinate with the DOJ when Upham issued statements to media in March about the massacre. In his reply, Fadullon requested Roque's camp not to allow its possible witnesses to make similar statements to the media, to prevent being accused of violating the sub judice rule. Since he is technically in direct control and supervision of private prosecutors, Fadullon also asked Roque to first consult with him matters regarding the case. "To a degree, the lack of coordination not only puts us in bad light before the public, but likewise antagonizes the court," he said. US condemns Upham slay Upham's death, which came some two months after another witness in the massacre was slain, has already caught the attention of the US government. “I deplore the murder of Mr. Suwaib Upham, who bravely came forward to testify about the tragic Maguindanao massacre. I urge the Philippine authorities to conduct a swift investigation into his death and bring those responsible to justice," said US Ambassador Harry Thomas Jr. The US diplomat urged the Philippine government to expedite the resolution of the case and the prosecution of people behind the grisly killings. "Too many families still wait justice, and now the Upham family joins them," Thomas said. The massacre claimed the lives of 57 people — 32 of them journalists — who formed an electoral convoy intending to file the certificate of candidacy of Esmael Mangudadatu. Mangudadatu, then Buluan town vice mayor, wanted to challenge the Ampatuans' control of Maguindanao by running against Andal Sr. in the gubernatorial race. He ended up winning the election, beating two perceived Ampatuan allies. Ampatuan lawyer says new witness is lying Meanwhile, a lawyer of the Ampatuans on Friday said the other prospective witness presented by the Mangudadatu camp was lying when he said the Ampatuans were responsible for the massacre. Lakmodin Saliao, who used to work for the Ampatuans, said he decided to come forward and share his knowledge about the crime, after learning that the Ampatuans allegedly plan to silence him next. But Philip Pantojan, the clan's legal counsel of 10 years, doubted Saliao's credibility. Pantojan said Saliao could be trying to save himself from being charged with robbery. He accused Saliao of stealing jewelry from Andal Sr.'s daughter Bai Almira two weeks ago. "With that sasabihin ng mga Ampatuan, 'Huwag na lang natin i-file [ang kaso laban kay Saliao]. Lumutang siya nang ganyan at nagsisinungaling, ang hirap naman,'" Pantojan said. (With that, the Ampatuans will refuse to file charges against him. But he showed up publicly and he’s telling a lie, and that’s difficult.) "But I told them we should continue filing the cases against him. He's telling a lie," he added. - RJAB Jr./JV/HS, GMANews.TV