3 Ampatuans appealing massacre conviction
Credit to Author: Franz Lewin Embudo| Date: Fri, 03 Jan 2020 16:17:54 +0000
Three leaders of the Ampatuan clan who were convicted in the 2009 Maguindanao massacre have appealed their case.
Last Wednesday, Datu Andal “Unsay” Ampatuan filed a notice of appeal before the Quezon City Regional Trial Court (RTC) Branch 221 to have the Court of Appeals review the ruling of Judge Jocelyn Solis-Reyes.
He asked the RTC to submit all the records of the case to the appellate court.
On Thursday, Anwar Ampatuan Sr., and his sons Anwar “Datu Ipi” Ampatuan Jr. and Datu Anwar Sajid “Datu Ulo” Ampatuan filed motions for reconsideration before the RTC, questioning the credibility of star witness Sukarno Badal.
In his 13-page plea, Anwar Sr. questioned how Badal “could have memorized, precisely to the letter, all of the statements made by each and every supposed participant in all of these meetings, is highly doubtful, nay miraculous.”
Badal was the vice mayor of Sultan Sabarongis town in Maguindanao when the massacre happened. He testified he was the commander of the Ampatuan clan’s private armed group.
Anwar Sr. reiterated there was not enough proof he was part of the conspiracy to kill Maguinadanao Rep. Esmael Mangudadatu.
In their own plea, Datu Ipi and Datu Ulo noted that Badal only testified at one of the meetings, but did not mention what their participation was. They argued that during cross-examination, Badal recanted his claim that the two were present at the Nov. 16, 2009 meeting.
“This particular witness lied with respect to a material point, and there was a conscious and deliberate intention to falsify,” it read in their motions.
Datu Ipi and Datu Ulo said the judge relied heavily on the testimony of Badal, whose credibility was “questionable.”
In a separate motion, former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan asked the court that he be transferred to the New Bilibid Prison Infirmary, citing poor health.
“In view of the rigorous updated medications and follow-up consultations indicated in his home instruction form that Zaldy is required to undergo, he is constrained to respectfully request this honorable court that he be allowed to be transferred to the infirmary of the NBP, in order to receive the therapy, rehabilitation, and medication prescribed by his doctors, and so as not to unduly put his health in jeopardy,” Ampatuan said in his motion.
He cited his “deteriorating and debilitating physical and medical condition” as reason for the transfer.
Ampatuan said he suffered three strokes in a span of two months, and dealt with chronic atrial fibrillation, diabetes mellitus and hypertension.
He was confined in the intensive care unit for a week because of stroke and stayed in a hospital for 58 days in October.
The court ordered Ampatuan’s return to Camp Bagong Diwa two days before his conviction last December 19, ruling that his recovery could be done while in detention.