Ampatuan trial: Defense blocks prosecution eyewitness' testimony

A supposed eyewitness in the high profile Maguindanao massacre case was not able to testify on Thursday after the court deferred his testimony pending the resolution of a motion against him. Kenny Dalandag was supposed to be the prosecution panel's first witness against Andal Ampatuan Sr., patriarch of the powerful family linked to the massacre, but even before he could testify, defense lawyers questioned his "competence and propriety," noting that he had admitted in his December 2009 affidavit his involvement in the killings. "The prosecution did not even lift a single finger to charge the witness... [his testimony] will only be prejudicial on the part of the accused," said defense lawyer Andres Manuel. Dalandag claimed to be a member of the Ampatuan clan's private army that participated in the killing of 57 people, including 32 journalists, at Barangay Salman in Ampatuan, Maguindanao on November 23, 2009. According to Sigfrid Fortun, legal counsel for Andal Sr. and son Andal Jr., Dalandag could not be immediately turned into a witness because he has yet to satisfy the requirements of conversion set under Rule 119, Section 17, of the Rules of Court. "Mr. Dalandag has not yet been subjected to such a scrutiny. We cannot allow this absurdity to happen because the prosecution will just kowtow to anyone who comes up to them and offers to become a witness," Fortun stressed during the proceedings. Both Andal Sr. and Andal Jr. were present at the hearing. The two quietly sat side by side at the bench. In response, prosecutor Nestor Lazaro said Dalandag was admitted to the government's Witness Protection Program on the basis of the Witness Protection Law, and not of Rule 119 of the rules of court. "Those are two separate things. You have two options to admit someone to the WPP, either through court rules or the Witness Protection Law. Kami, ginamit namin ang Witness Protection Law. Hindi na kailangan dumaan sa korte niyan. Department of Justice lang ang magde-decide niyan kung dapat ilagay sa WPP o hindi," Lazaro told reporters during a break at the hearing. Fortun also said it would be "premature" to hear Dalandag's testimony because there is a pending motion before the Manila Regional Trial Court to compel the prosecution to charge Dalandag for the massacre. At this point, Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 informed the prosecution that Andal Jr.'s camp also has a similar motion pending before her sala. She then summoned legal counsels from both panels for a sidebar, and they decided to suspend Dalandag’s testimony. Dalandag was at first reluctant to leave the witness stand. He tried to talk to Judge Solis-Reyes, but the judge cut him off. “Ang abugado niyo po ang kausapin niyo tungkol diyan," the judge told Dalandag, who finally left the stand after prosecutors convinced him to. Before leaving the courtroom, Dalandag told reporters what he told the judge: "Gusto ko na po mag-testify pero takot ang mga Ampatuan," he said. A source from the prosecution who spoke on condition of anonymity said Dalandag really wanted to testify to lessen the burden on his back. "Gusto na niya magsalita para mabawasan na ang threats sa kanya. Natatakot siya para sa buhay niya." During a lunch break in the proceedings, Lazaro said they agreed during the sidebar to defer Dalandag’s testimony due to the pending motion before the QC court and not the similar one filed before the Manila RTC. "The defense cannot use that (the case in Manila) because the two courts are co-equal." Juliet Evardo, mother of slain UNTV editor Jolito Evardo, expressed disappointment over the suspension of Dalandag's testimony. "Depressed ako talaga. Bakit hindi siya pinayagang magsalita?" she said. - KBK, GMA News