Murder suspect Andal Ampatuan Jr was identified anew by another witness as among those who brought victims of the Maguindanao massacre to a hilly portion in Ampatuan town where they were killed.
Prosecution witness Thonti Lawan, a 32-year-old local farmer, on Wednesday told the Quezon City court hearing the multiple murder trial that he was at Crossing Salman in Barangay Salman in Datu Unsay town when the carnage happened in the area on November 23, 2009.
Lawan said he saw around 20 vehicles drive up a hilly portion of the village around 9 a.m.
"May mga babaeng umiiyak [sa convoy]... May mga CVOs [civilian volunteer organization members] din na may mga baril sa convoy," the witness said, adding that Andal Jr was among those in the convoy.
Aside from Andal Jr, members of the clan's supposed private army, who were allegedly involved in the massacre, are also being charged in the massacre case.
Asked if he could recognize Andal Jr in the gallery, the witness stood up, went around looking at the faces of the yellow-clad suspects, and pointed to the former Datu Unsay mayor.
Apart from identifying Andal Jr, Lawan also positively identified another person, whom he called "Tupik," as belonging to a convoy of around 20 vehicles that brought the victims up to the massacre site.
When the identified person stood up and told Judge Jocelyn Solis-Reyes that his name is Misuari Ampatuan, the witness quickly said: "But Tupik was his nickname."
Reacting to the witness' statement, defense lawyer Andres Manuel said: "I would like to manifest that the witness gave an explanation even without being asked."
In subsequent references, the witness started calling the suspect "Misuari" and no longer "Tupik," an observation that defense counsel requested to be placed on court record.
Lawan also said it was Misuari Ampatuan who had advised him – moments after the volley of gunshots – to stay away from the hilly portion of the village.
"Sinabi ni Misuari na huwag na daw kami sumunod sa bundok dahil hindi maganda tignan [Misuari told us not to go uphill because it would not be pleasing to the eyes]," said the witness in Maguindanaoan.
Andal Jr's legal counsel Sigfrid Fortun deferred his cross examination of the new witness, saying he was informed about the identity of Lawan [less than] 24 hours before the testimony.
Both panels had agreed that each party should be informed about the identity of a new witness 24 hours before the testimony, to give enough time for lawyers to prepare for cross examination.
"I regret despite our willingness to cross examine the witness that we can't because we are not informed, in violation of the commitment to make us aware of the identity of the next witness," Fortun said.
The defense lawyer said Assistant Regional State Prosecutor Peter Medalle had informed him through text message early Friday morning that the prosecution plans to present "one eyewitness and one private complainant" on Wednesday.
Fortun however said Medalle only revealed to him the name of the eyewitness Wednesday morning, just hours before the set hearing for the day.
Lawan was not the first witness to have positively identified Andal Jr in court. Last August 31, another farmer, Amil Abdul Satar Maliwawaw, pointed to the principal suspect when asked if he could identify anyone in court whom he saw bring the victims to the "upland portion" of the village. — LBG, GMA
