‘Surprise’ witness irks Ampatuan lawyer at massacre trial

Prosecution and defense lawyers in the two-year-old Maguindanao massacre trial on Wednesday engaged in a heated argument over an agreement to divulge the identities of witnesses before they take the witness stand. It started when the prosecution presented a new witness, Amil Abdul Satar Maliwawaw, a farmer living not too far away from checkpoint where the 57 victims where flagged down on the morning of Nov. 23, 2009 by armed men believed to working for the Ampatuan clan. The witness also claimed that the armed men were led by principal suspect Andal Ampatuan Jr. Defense lawyers pointed out that Maliwawaw's name does not appear on the pre-trial order, which lists all marked evidence and witnesses that both camps plan to present in court. The defense also said the prosecution, contrary to what had been agreed upon during a pre-trial conference, failed to inform defense lawyers beforehand about the identity of the next witness it would be presenting. Defense lawyers called Maliwawaw a "surprise" witness. Lawyer Sigfrid Fortun, legal counsel for prime suspects Andal Jr. and his father.Andal Sr., refused to cross examine Maliwawaw, saying he needs time to prepare for it. The other defense lawyers followed suit. This irked private prosecutor Nena Santos, who stood up and criticized the defense for deferring anew their cross examination. "This is the fifth time that the defense has postponed their cross examination," she said. Santos, legal counsel for Gov. Esmael Mangudadatu, had earlier pointed out that deferring a witness' cross examination does not only delay proceedings but also threatens to render a testimony invaluable. Mangudadatu lost his wife and two sisters in the massacre. In response, Fortun tossed back the blame to the prosecution, saying: "This is also the fifth time that Atty. Nena Santos and the prosecution has violated my clients' right to a speedy trial by not telling us the identity of the next witness beforehand." Santos insisted that the prosecution has been consistent in divulging to the defense the identities of several policeman-witnesses in the past prior to their respective testimonies. Santos, however, said they were taking eyewitnesses as exceptions because divulging their names to the defense beforehand makes them more vulnerable to "death threats, burning of houses, and bombing like that in Tacurong." She was referring to the road side bomb attack in Tacurong City in Sultan Kudarat last Aug. 15 that police said targeted Mangudadatu. Mangudadatu was unharmed but two people were killed. Before returning to her seat, Santos made one last manifestation: "Your honor, I would just like to manifest that the defense was not prepared to cross examine the witness." Visibly irked by Santos' comment about the defense's deferment of its cross examination, Fortun stressed: "Your honor, sanctions should already be given for such manifestations." Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes, who hears the case, said there was no longer any need to sanction anyone. "It's just a manifestation anyway and it's already on record," she said. - KBK, GMA News