The Department of Justice on Wednesday belittled the recantation of a witness in the November 2009 Maguindanao massacre case against principal accused Andal “Datu Unsay” Ampatuan Jr.
Justice Secretary Menardo Guevarra said that the retraction of Thonti Lawani of his testimony on the role of Ampatuan in the killing of 58 people has not affected the prosecution’s case.
“It has no impact on the case against Ampatuan. The prosecution has more than enough evidence and its case against Ampatuan remains very strong despite the recantation,” Guevarra said in an interview.
Guevarra said the prosecution panel composed of public prosecutors and private lawyers had presented several eyewitnesses during the trial to firmly establish the involvement of Ampatuan in the massacre.
Lawani has recanted his earlier testimony that he saw Ampatuan giving orders to his commanders at a crossing in Sitio Masalay, Ampatuan town and that he also saw the convoy of vehicles going toward the hilly portion of the area where the massacre happened.
In his affidavit submitted to the Quezon City Regional Trial Court Branch 221 last month, the witness recanted his testimony and claimed that he was pressured by the family of Maguindanao Gov. Esmael Mangudadatu to testify against Ampatuan.
“I was so afraid of my safety and most especially the safety of my family. They threatened that they will kill us if we do not say the things they wanted us to say in their favor. Our whole family was being held hostage by the Mangudadatu family,” the affidavit stated.
Lawani also alleged that Mangudadatu told him what to say in court after forcefully taking him and his family and some of his men from their house in Masalay.
“The things I said are not true. They forced me and I was left without a choice because they held my life and that of my family in Buluan. They held my family hostage and in exchange for their safety, I have to testify on matters that are pure lies,” he claimed.
Lawyer Nena Santos, lawyer of Mangudadatu, and private prosecutor in the case, has denied the allegation and said their camp plans to file perjury charge against Lawani.
Santos also submitted to the RTC the affidavits of two other witnesses – Abdulsatar Maliwawaw and Faisal Amilil – who claimed that they were offered money to also recant their testimonies against Ampatuan.
They alleged that a barangay chairman – purportedly a representative of Ampatuan – approached them in August and offered P150,000 each to recant their testimonies.
Ampatuan, who is accused of masterminding the massacre, centers his defense on his alibi of being at the municipal building of Datu Unsay town at the time of the mass murder.
Ampatuan presented several witnesses claiming to have seen him at the session hall of the municipal building.
Guevarra earlier said the DOJ expects the RTC to hand down its verdict on the case by next year.
He said the trial is now winding up with the presentation of evidence by the five remaining accused.
The RTC has already heard a total of 273 witnesses: 166 prosecution witnesses, and 107 defense witnesses. The Court has resolved all the 15 sets of formal offer of evidence in connection with the bail applications of 70 accused. It has likewise resolved all bail applications of the accused, including that of accused Andal “Unsay” Ampatuan, Jr., which was denied last May.
The RTC may render judgment separately on each accused and not wait for all the accused to conclude presenting their evidence.
Four of the accused, including Andal Ampatuan Sr., died while in detention while four of the accused who submitted their demurrer to evidence were acquitted by the trial court.
The murder cases involve 58 victims (including 32 media practitioners), 197 accused (15 surnamed Ampatuans), with 115 already arrested – the latest of which was Jonathan Engid, who was arrested last February.
The proceedings are being actively attended by a panel of 10 public prosecutors, eight private prosecutors, and 23 defense lawyers/firms while the transcripts of stenographic notes have now reached 59 volumes, while the records of the cases are 129 volumes thick, plus 10 volumes of prosecution’s evidence.