Court affirms indictment of Zaldy Ampatuan
Wednesday, November 9, 2011
ZALDY Ampatuan’s attempt to annul criminal information regarding his involvement in a massacre that killed 57 people, including 32 media workers, in Maguindanao has been rejected.
In a decision penned by Associate Justice Noel Tijam, the Court of Appeals (CA) affirmed Zaldy’s indictment based on the May 5, 2010 resolution of then Justice Secretary Alberto Agra that reinstated him as respondent in the multiple murder case.
The case was decided upon by a Special Division of Five of the CA, a body that was constituted after members of a regular CA division failed to reach a unanimous vote.
Like his father, former Maguindanao governor Andal Ampatuan Sr., brother Datu Unsay Mayor Andal Jr., and other siblings and relatives, Zaldy is among the principal respondents in the carnage.
The case is now being heard by Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221.
On August 16, 2010, Agra issued a resolution clearing Zaldy of the charges, saying the latter was able to sufficiently establish that he was in Davao City from November 20, 2009 up to the early morning of November 23, 2009.
On November 23, Zaldy flew to Manila and on the following day travelled from Manila to Cotabato.
Zaldy said he could not have been present during the planning stage and implementation of the massacre.
On May 5, Agra reversed his resolution after his first resolution was met with public outrage.
In his petition at the CA, Zaldy said that Agra’s newer resolution accepted and gave credence to the affidavit of new witness Abdul Talusan Talusan that was submitted by private prosecution lawyer Nena Santos in her supplemental motion for reconsideration
He said Agra violated his constitutionally guaranteed right to due process when he gave weight to Talusan’s testimony without affording him an opportunity to present counter-evidence.
Talusan, in his affidavit, corroborated the testimony of Dalandag stating that the petitioner participated in the meeting held at the house of his father, Ampatuan, Sr. where the massacre was planned. (JCV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/11/09/court-affirms-indictment-zaldy-ampatuan-189465
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