Defense, prosecution argue on soldier’s testimony in massacre case
Thursday, August 18, 2011
THE testimony of a soldier who saw police and armed men set up a check point in an area in Maguindanao where 57 people were killed became the bone of contention during the Ampatuan massacre case’s latest hearing.
Sigfrid Fortun, counsel for the Ampatuan clan whose members are accused of masterminding the massacre, scored the prosecution for supposedly failing to inform the defense that the soldier executed an affidavit when he took the witness stand.
Prosecutor Nestor Lazaro fired back at Fortun, saying he was lying because the affidavit was already marked by the previous prosecution panel headed by Assistant Chief State Prosecutor Richard Anthony Fadullon.
Another defense lawyer, Paris Real, also complained that he also has not received a copy of the affidavit.
The heated exchange prompted Quezon City Regional Trial Court (RTC) Branch 221 Judge Jocelyn Solis-Reyes to scold both camps, saying they should stop acting like judges.
The judge was further annoyed when Fortun asked Lazaro why he was questioning another defense lawyer, Abdulkalim Askali, while the latter was still cross-examining the witness.
Fortun asked that the court sanction the prosecution. Lazaro then defended himself, answering that the defense should just wait for his time to cross examine.
Solis-Reyes was able to end the arguments and was able to let the trial proceed but Fortun asked the court to penalize the prosecution. This prompted the judge to say she would be sanctioning those who will not follow her instructions from hereon.
After the incident, the defense proceeded with the cross-examination of the witness.
During the hearing, prosecution witness Corporal Zaldy Raymundo of the Army’s 38th Infantry Battalion said he recalled arriving in the area — where the check-point was set up — with his colleagues. He even remembered that one of the policemen, a certain Inspector Mukamad, even asked his permission to cook rice at the detachment where he was assigned.
Raymundo also related that he heard gunshots coming from a hilly portion of the village and saw a backhoe driving to the area where he heard the shots fired.
Raymundo was stationed at a military detachment in Sitio Masalay, Barangay Salman, Ampatuan town and was among the first who responded to the scene of the November 23, 2009 massacre.
The checkpoint led the 57 people, including 32 media workers, to an area where they were later shot, killed, and buried. (AH/Sunnex)
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