One of the principal accused in the 2009 Ampatuan Massacre in Maguindanao has lost his plea in the Sandiganbayan for a demurrer to evidence not for the killing of 58 people but a separate case for the allegedly anomalous purchase of fuel and lubricants amounting to P22.37 million during the same year.
The motion of former mayor Datu Andal Ampatuan Jr. of Datu Unsay, Maguindanao for a demurrer to evidence in connection with the graft case was denied by the anti-graft court to prevent any delays in the trial.
The denial of Ampatuan’s motion was embodied in a resolution dated Sept. 4.
A demurrer to evidence is a motion that seeks outright dismissal of a case on the ground of weak evidence from the prosecution.
“Given the sufficiency of the testimonial and documentary evidence against the accused, leave of court for the accused to file a demurrer to evidence would serve no clear purpose but will only delay the proceedings in these cases,” the Sandiganbayan said.
Ampatuan, his brother former Maguindanao Gov. Datu Sajid Ampatuan, and seven others were charged at the Sandiganbayan last year for allegedly favoring the Shariff Aguak Petron Station for the supply of fuel and lubricants for the road and construction projects in the province without public bidding.
Ampatuan, then a private individual, claimed the charges against him “reek of contradictions,” saying the said transaction was “properly documented.”
But the Sandiganbayan said the prosecution’s evidence is “not lacking in prima facie proof of the irregularity.” It added that the testimonies of witnesses from the Commission on Audit and engineers who inspected the transaction found failed accomplishment reports.
“A fraudulent procurement is sufficient indicia of evident bad faith on the part of the persons involved therein,” the anti-graft court added.