Prosecutors in Maguindanao massacre case fret over new rule on witnesses

Presenting five or six witnesses per trial day in the Maguindanao multiple-murder case hearing would be an added burden on the part of the prosecution. This was the statement of several public prosecutors handling the high-profile and two-year-old murder case, in reaction to a directive from Judge Jocelyn Solis-Reyes requiring the prosecution to prepare at least five witnesses whenever they face the court. Previously, the prosecution only needed to present two witnesses per trial day. But on Wednesday, the judge changed the rule and required "five or six" witnesses, supposedly to expedite the trial. On Wednesday, the trial was suspended early because the prosecution had already presented its two witnesses for the day and they no longer have other witnesses to present. The defense panel complained that because of the early suspension, and that time was being wasted since proceedings could have continued if only the prosecution had prepared more witnesses to present that day. To address the defense's concern, Solis-Reyes not only required the prosecution to prepare next time at least five witnesses a day, but also suggested that the hearing be held no longer twice but thrice a week, and that a separate schedule for the civil aspect of the case should on Mondays. But the prosecution said while they lauded the court for its desire to speed up the case, the changes in rules might only send a backlash on the prosecution. "The preparation of the witnesses is not easy. Sometimes it takes us two months just to prepare one witness because some of them do not understand Tagalog. We even have to get interpreters just so we can speak to them," said Regional Assistant State Prosecutor Peter Medalle. Meanwhile, prosecutor Nestor Lazaro said most of their witnesses have to be flown in all the way from Mindanao. "Once we find these witnesses, the next problem is convincing them that it is safe for them to testify." "Sa logistics pa lang problema na, wala namang pondo," said Medalle. Aside from ensuring the safety of the witnesses, the two state prosecutors also said that additional trial dates would prevent them from focusing on the other cases they are also handling. Medalle and Lazaro said they also handle high-profile bombing and kidnapping cases in Mindanao, including the one that happened in Sipadan and Dos Palmas. They also handle the Marlene Esperat (media killing) murder case. Incidentally, even the Quezon City court hearing the case has long been feeling the brunt of handling such a huge case that involves 197 suspects. The court earlier said holding daily hearings for the case might be impossible because of its limited court staff members. The court even had to borrow additional staff from another court to help in easing the load of Solis-Reyes' four transcribers. Quality vs quantity The prosecutors said speeding up the two-year-old trial would depend not necessarily on the number of witnesses being presented but on the quality of their testimonies. For instance, Lazaro said the trial will be expedited significantly if prosecution witness Kenny Dalandag – a key witness in the case – will be allowed to take the witness stand. Currently, Dalandag cannot testify because of pending petitions from the defense filed separately before the Quezon City court and the Court of Appeals, seeking to prevent him from speaking up and instead include him as an accused. On Thursday's hearing, two private complainants took the witness stand, namely Phoebe Bataluna, daughter of slain journalist Rubell Bataluna; and Ma. Luisa Subang, wife of slain Mindanao Focus reporter Francisco Subang. In her testimony, Bataluna – who is seeking damage claims from the court – told Judge Reyes that she spent a total of P111,000 for the burial and interment of her slain father. Standing accused in the high-profile murder trial are 197 suspects, including prominent members of the powerful Ampatuan clan, as well as dozens of local Maguindanao police and the clan's supposed private army. They are all accused of murdering 57 people in Nov. 23, 2009, mostly belonging to an electoral convoy tasked to register a known Ampatuan rival in the 2010 gubernatorial race. — LBG, GMA News