Arraignment of Andal Sr. for multiple murder pushed anew

Now that the Court of Appeals has junked the petition to remove Maguindanao massacre suspect Andal Ampatuan Sr. from the charge sheet, it is high time for the Quezon City court hearing the case to arraign him, the prosecution said Wednesday. Private prosecutor Nena Santos, legal counsel for Maguindanao Gov. Esmael “Toto" Mangudadatu, said they are planning to formally ask Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 to arraign Andal Sr. Fifty-seven people, including Mangudadatu’s wife and two sisters, were killed in the grisly Nov. 23, 2009 massacre blamed on the powerful Ampatuan clan and their supposed private armies. In his petition, Andal Sr. said the testimony of Kenny Dalandag, who alleged that the clan patriarch was among those who planned the massacre, was fabricated. The appellate court, however, said these allegations “have no basis in fact and law." Lawyer Harry Roque, representing the families of most of the 32 journalists killed in the carnage, welcomed the CA decision. “It’s about time that the CA should dismiss this petition. With this dismissal, we can finally proceed to the arraignment of the Ampatuan patriarch for 57 counts of murder," he said. Apart from Andar Sr., his sons — former Datu Unsay mayor Andal Jr, suspended Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy, former Maguindanao officer-in-charge Sajid — as well as other prominent clan members, are facing 57 counts of murder in connection with the massacre. Zaldy has likewise asked the CA to order the removal of his name from the charge sheet, presenting an alibi that he was in Manila and Davao City during the alleged planning and execution of the massacre. Santos said the court should also arraign Zaldy, noting that an accused has to enter a plea within 90 days from the date he or she was charged in court. “I do not understand why Zaldy Ampatuan’s petition continues to be pending. Under the rules, Zaldy and his father, regardless of their pending petitions in the Court of Appeals, should have been arraigned," she said. On Wednesday’s hearing, prosecution expert Reynaldo Romero, a medico-legal officer from the National Bureau of Investigation (NBI), said massacre victim Rowena Mangudadatu-Ante was shot in the face. He said Ante was shot on the tip of her nose, with the bullet exiting through the back part of her skull. She also suffered two more fatal gunshot wounds on her back. Romero, who autopsied 10 victims, also said Wahida Kalim and Farida Sabdullah sustained multiple gunshot wounds and died due to massive blood loss. Romero’s testimony came after a medico-legal officer from the Philippine National Police Crime Laboratory revealed the same results on 12 other victims, who all sustained multiple and fatal gunshot wounds. The number of accused has already gone back to its original 197, after another suspect, former Staff Sergeant Joselito Andrada, was included in the charge sheet. Last year, the number of accused went down to 196 after PO1 Johann Drapper was removed from the list of the accused for lack of evidence. - KBK, GMANews.TV