Judge turns down 4 suspects as witnesses

MANILA, Philippines - The judge hearing the Maguindanao massacre multiple murder case has denied the prosecution’s bid to turn three accused policemen and a civilian as state witnesses against members of the Ampatuan clan.

Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 dismissed the plea for the four to be dropped from the charge sheet, saying the motion for discharge was bereft of merit.

She noted that the testimonies of Inspectors Rex Ariel Diongon and Michael Macaraeg, Police Officer 1 Rainer Ebus and Sangguniang Bayan member Mohammad Sangki were merely “corroborative in nature.” With this, she deemed the four accused unqualified to become state witnesses.

“Jurisprudence dictates that discharge of an accused should be availed only when there is absolute necessity for the testimony of said accused whose discharge is requested as when he alone has knowledge of the crime and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecution,” Solis-Reyes stated.

Andal Ampatuan Jr. is being tagged as the alleged mastermind in the Nov. 23, 2009 killings in Ampatuan town, Maguindanao.

The prosecution has asked the court to discharge the four accused as state witnesses as they manifested their desire to testify for the state and even executed statements on the participation of their fellow accused.

The prosecution added that the four are not the most guilty and were not previously convicted.

The defense claimed the four accused’s testimonies would only corroborate other witnesses’ testimony like those of Rasul Sangki and Kenny Dalandag.

The court said that while it does not doubt that Diongon, Ebus and Mohammad Sangki do not appear to be the most guilty, it is not enough to drop them from the charge sheet.

Meanwhile, two policemen and three civilian volunteer officers will be arraigned today on multiple murder charges in Camp Bagong Diwa, Bicutan during the resumption of the hearing.

They are Police Officer 2 Tany Awal Dalgan, Police Officer 1 Dukoy Badal and militiamen Tumi Timba, Rakim Amil and Naser Talib, all detained at the Quezon City Jail Annex in Camp Bagong Diwa.