Ampatuan camp says massacre witness a 'conspirator'

The camp of multiple murder suspect Andal Ampatuan Jr. on Wednesday attacked the credibility of Lakmodin Saliao, claiming the prosecution's first witness was a "conspirator" in the November 23 Maguindanao massacre. "He is not actually a witness but actually a participant as shown by the actions he did on that day," said lawyer Gregorio Naravsa II, counsel for the prime suspect, during his cross examination of Saliao at the resumption of the murder trial at Camp Bagong Diwa in Taguig City. In his September 8 and 15 testimonies before the Quezon City Regional Trial Court Branch 221, Saliao claimed he was present when the Ampatuans planned the massacre on two occasions on Nov. 17 and 22, 2009. Witness claims to be Ampatuan aide Saliao also claimed he was with clan patriarch Andal Sr., a co-accused in the case, when the latter supposedly ordered the million-peso bribery of several police and government officials to cover up the carnage of 57 people, 32 of them journalists. Naravsa took note of Saliao's admission that he operated one of Andal Sr's phones for the clan patriarch. Saliao in his earlier testimonies said he was able to know about the clan patriarch's phone conversation because he would always operate Andal Sr's phone and turn it on speaker phone mode. "You served as a communicator of the people who were parties or co-conspirators of this Maguindanao massacre," Narvasa said. Narvasa cited instances when Saliao recounted how he "waited" for Andal Jr's call on November 23 to report that the convoy of the Mangudadatu clan, Ampatuans' rival, was already held at a checkpoint near the crime site. "Then you called up Andal Jr. to verify the situation at Sitio Masalay... He made sure that all instructions were given," the lawyer added. Narvasa asked the court why Saliao was not indicted in the first place when his role in the massacre was considered a "vital role." Prosecution: Defense should wait for their turn Prosecution lawyers objected Narvasa's "conclusions," insisting that Saliao was merely a witness. Assistant state prosecutor Juan Pedro Navera said a cross examination was not the proper venue to accuse a witness of being a conspirator to a crime. "Why don't they [defense] wait for their turn to present evidence... to prove that Saliao was a conspiartor. Saliao was testifying as a witness, not a conspirator," he said. A source from the prosecution, who refused to be identified, told GMANews.TV that the fact the defense was accusing Saliao of being a conspirator meant the defense was also admitting that the incidents Saliao had recounted indeed took place. "[That their accusation was like an admission that the events happend is] just a conclusion, but that is considered a very very good conclusion," the source said. As of posting time, another defense lawyer was cross-examining Saliao. Afterwhich, the prosecution is expected to present its second witness. Sworn before the Qu'ran Before he was cross examined by the defense on Wednesday, Saliao, a Muslim, was also asked to swear before Allah and the Qu'ran to tell the truth. As the court personnel was about to start administering the oath, Saliao - while one of his hands placed over the Holy Book of Islam and the other raised - suddenly blurted, "Ang Ampatuan po ang pumatay sa massacre (The Ampatuans killed the victims of the massacre)!" much to the surprise of the court. Judge Jocelyn Solis-Reyes had to cut Saliao short and ask her personnel to properly administer the oath by asking questions, for which the witness only had to answer in the affirmative or not. Witness' credibility in the spotlight Apparently testing Saliao's credibility, Narvasa - still during his cross examination - asked the witness about his educational background, as well as questions about his familiarity with the Ampataun family. Saliao said he first became an Ampatuan househelp in May 1987, when he served Datu Anwar Ampatuan, son of the clan patriarch. In 1995, he was then transfered under the employ of Anwar's sister, Almira Ampatuan-Mamalapat. And finally on November 2, 2009 - or just two weeks before the massacre - Saliao became the househelp of the clan patriarch himself. Defense lawyer Narvasa asked Saliao why he thought he was allowed to witness the two meetings - when the massacre was hatched - when he was relatively newly employed by Andal Sr. "Pinagkakatiwalaan kasi nila ako," Saliao said, adding that though the household had many helpers, he was the only one allowed to join in in the meeting because other helpers "were not used to hear the Ampatuans hear about such plans." Asked what his reaction was when Andal Jr on the first meeting about the massacre on November 17 suggested that members of the entire Mangudadatu convoy be killed, Saliao said: "Hindi po [ako nagulat]. Sanay na po ako. (I was no longer surprised because I was used to hearing such things)." The prosecution later asked Saliao to elaborate on his statement, but Andal Jr's lead counsel, Sigfrid Fortun, objected the move, saying it was "inappropriate to ask questions not related to the November 23 killings." 'Our hands touched' During his redirect examination, Saliao also demonstrated to the court how his and Andal Sr's hands and bodies would oftentimes touch - a claim he kept on saying in his previous testimonies to show he was always beside the clan patriarch. Saliao said his hands would touch Andal Sr's whenever he would get or return the latter's mobile phone. The witness also said the clan patriarch would also usually ask him to massage his back. The witness said that on the day of the massacre, November 23, he made "more than 10 calls" for the clan patriarch to get updates on Andal Jr's supposed plan to kill members of the electoral convoy. Asked why he did not do anything to stop the Ampatauns from carrying out the carnage by at least tellinga uthorities about it, Saliao said he was afraid of the local police. "Natatakot po ako kasi kakampi nila ang pulis [I was scared to report the incident because the local police are the allies of the Ampatuans]," he said. During the hearing, the Bureau of Jail Management and Penology also turned over to the court four log books, which lists among others the names of those who visited the Ampatuans and the other accused policemen. Upon the request of the defense two weeks ago, the court has also asked for the log books of the Davao Doctors Hospital, where Andal Sr. was briefly confined after being arrested November last year. However, Dr. Daniel dela Paz, the hospital's corporate secretary, did not heed the request and told the court: "Sorry, but we do not give visitors' log books." The day-long hearing ended shortly before 5 p.m. and was scheduled to resume on October 6. — RSJ/TJD, GMANews.TV