Prosecution changes plans as 'eyewitness' fails to show up

The prosecution in the Maguindanao massacre case on Thursday changed its plans as its first witness against clan patriarch Andal Ampatuan Sr. failed to show up. "Our original plan was to present Laks (Lakmodin Saliao). But he did not show up in our office yesterday," Assistant Regional State Prosecutor Peter Medalle said during Thursday's hearing at Camp Bagong Diwa in Taguig City. Saliao, a longtime house helper of the Ampatuan, did not show up for the prosecution's scheduled meeting on Wednesday. Lakmodin claimed to be an "eyewitness" to the November 17 and 22, 2009 Ampatuan family dinners when the supposed plot to attack the convoy that carried the Maguindanao massacre victims was hatched. Saliao earlier testified that Andal Sr., his relatives, and supporters were present at those family dinners. On November 23, 2009, a convoy of the Ampatuan's rival politician No intention to mislead Defense lawyer Andres Manuel criticized the prosecution for not informing the defense about the development, saying what the defense was expecting Saliao to testify. However, prosecutor Lazaro told the court, "The prosecution did not mislead this court." Medalle backed up Lazaro: "We failed to communicate it [to the court and the defense] because we were inside this court room yesterday and we are not allowed to use cellphones." Instead of Saliao, the prosecution presented Kenny Dalandag, a supposed member of the private army of the Ampatuans said to have participated in the November 23, 2009 killings. Dalandag, who executed an affidavit in December 2009, alleged that he was present in the November 22, 2009 meeting attended by Andal Sr and his sons including suspended ARMM Gov. Zaldy Ampatuan when the attack was hatched. As of this posting, defense lawyers are trying to block Dalandag from testifying in court, saying if the witness had admitted "culpability" in the crime, he should be charged first before even being considered a witness. Lazaro then stood up and told the court that Dalandag in fact already is facing a motion to be included in the charge pending before the Manila Regional Trial Court. Just the same, the prosecution said the witness should already be allowed to testify despite the pending motion. Fortun also pointed out that Dalandag was not subjected under the five requirements for a person to become a state witness as prescribed under Section 17, Rule 119 of the Rules of Court. - VVP/MRT, GMA News