NOY STILL SEES ZALDY POSSIBLE WITNESS / DOJ REJECTS BID TO TURN WITNESS
MANILA, JULY 14, 2011 (TRIBUNE) By Virgilio Bugaoisan - Ex-ARMM gov. singing like a canary!
President Aquino publicly rebuked Justice Secretary Leila de Lima again after he announced that his administration is still considering former Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan as a possible state witness in the Maguindanao massacre case despite strong objections from the Department of Justice (DoJ).
It appears that Aquino sees Zaldy as a major state witness after having heard the former ARMM governor's confessions as bared in an exclusive interview with ABS-CBN Radio-TV anchor Anthony Taberna.
Zaldy not only implicated his father and brother, Andal Ampatuan Sr. and Jr. as having planned the massacre, but has also implicated former President now Rep. Gloria Arroyo and her spouse, Jose Miguel "Mike" Arroyo, to the poll fraud in the ARMM during the 2007 senatorial elections.
Zaldy Ampatuan, during the interview bared that Arroyo and her husband were responsible for the poll fraud in Maguindanao in 2007 that allowed now Sen. Juan Miguel Zubiri to snatch the last Senate post, stressing that he is willing to testify and put closure to the case.
"That was really too much done in the dagdag-bawas (vote padding-vote shaving) scheme," he said in Tagalog. "There was widespread cheating that even I was shocked," he added.
He bared that the cheating plan was spearheaded by Mike Arroyo months before the 2007 polls and involved his father, Andal Sr., who he said acted as the Arroyo's errand boy.
During that time, recounted Zaldy, he was at Century (Park) and he asked them (father and son) where they came from, to which they replied that they came from Makati since they were called by Mike Arroyo.
Zaldy was quoted in the report as saying that Arroyo's instruction was to ensure that then seeking Senate re-electionists Benigno Aquino III, Panfilo Lacson and Alan Peter Cayetano got "zero" votes.
He said the president's husband justified it as such: "Noynoy cannot win because his mother became president. The family is so popular and Noynoy can become president. Senator Lacson cannot be made to win because he is too noisy, he should be silenced. Then, in the case of Senator Cayetano, we helped his father become senator. We helped the sister (Pia) vecome senator then he (Alan Peter) also sought GMA's help, but later, he did npt help GMA."
Arroyo, through his lawyer Ruy Rondain, denied Zaldy's accusations, saying that "Former First Gentleman Mike Arroyo is appalled at the accusation, attributed to former ARMM Gov. Zaldy Ampatuan, that he met with, and gave money to, Andal Ampatuan, Sr/ for the purpose of manipulating the 2007 elections in favor of Sen. Miguel Zubiri. Mr. Arroyo reiterates that he has never interfered in any election. He has certainly never spent money to illegally alter election results for or against any candidate."
It is no secret that Aquino wants to pin down the former president on the poll fraud.
In an ambush interview after leading the distribution of so-called social service in Kalibo, Aklan, Aquino contravened De Lima's pronouncement that the government has rejected proposals for Zaldy to become a state witness in relation to the mass killing that primarily involved his brother Andal Jr. and his father Andal Sr., among others.
Interestingly, the sudden interest of the government on Zaldy came as the Senate has announced its intention to re-open the Hello Garci controversy which involved allegations of election fraud in Mindanao particularly in the ARMM region against the Arroyo administration.
"I have tasked individuals to assess exactly what he has to offer and whether or not it meets the criteria," he said but did not say whether these individuals include De Lima or anyone from the DoJ.
Earlier, De Lima flatly rejected the proposal for the ARMM governor to become a witness for the government as she maintained that the DoJ has strong evidence against the Ampatuans even without the testimony of Zaldy.
But De Lima's declaration was immediately contradicted not only by Aquino but also by Presidential Spokesman Edwin Lacierda who said that the Aquino administration is currently assessing Zaldy's testimony to find out if it can be really be used as material evidence in Maguindanao massacre case.
This is not the first time that De Lima's pronouncements had been publicly contradicted by Aquino, including her recommendation for the dismissal of Land Transportation Office chief Virginia Torres.
Lacierda stressed that the government does not stand to lose anything if it enters into a deal with Zaldy and turn him into a state witness because the former ARMM governor who is listed as an accessory to the case, is only asking for protection and has not asked for immunity on the multiple murder charges filed against the Ampatuans and their cohorts.
Speaking to reporters, Aquino said that an emissary was sent to him to extend Zaldy's offer to become a witness for the government.
"The emissary that I have talked to, he is offering all of these (pieces of) evidence or his testimony without any consideration being asked for," Aquino said.
And although the offer is still being evaluated, it looks like Aquino is already sold on the idea especially because Zaldy is not asking for anything in return except the assurance that the government will protect him from reprisal from his kin.
"Let me just be clear, the way I understood it in the media, I understand he wants to turn state witness and that might have been coined by some reporters. But state witness engenders immunity from suit, dropping from the charges and there is no such request from him," he said.
"He is not asking for anything in return… his offer does not contain any of that. He wants to impart I understand, I never talked to him, he wants to impart all of these evidence," he said.
In a press briefing prior to Aquino's interview, Lacierda also said they want to know "what particular evidence he (Zaldy) can offer to us."
"We're after the truth and we'd like this case to be prosecuted expeditiously," he said. "If there's any testimony that can help us further the truth and enlighten what really happened during that day, that's the reason we're looking at the testimony of Zaldy Ampatuan."
And if Zaldy is only asking for protection and nothing else, Lacierda said that this request can be easily provided by the government.
"He is only asking for protection. I think it's not an unreasonable request. There's a reported strain between members of the family. That's the only thing he asked, that he be provided protection and we're doing that as already mentioned by (Interior and Local Government) Secretary Jesse Robredo," Lacierda said.
Among those charged in the high profile case are Zaldy's father, Andal Sr., and brothers Andal Jr. and Sajid, as well as dozens of members of their private army. They are accused of killing 57 people in Ampatuan town, Maguindanao, on Nov. 23, 2009
FROM PHILSTAR
DOJ rejects Zaldy's bid to turn witness By Edu Punay (The Philippine Star) Updated July 13, 2011 12:00 AM
(Photo- Suspended Autonomous Region in Muslim Mindanao
(ARMM) governor Zaldy Ampatuan.)
MANILA, Philippines - The Department of Justice (DOJ) yesterday rejected an offer of suspended Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan to become a state witness in connection with the Maguindanao massacre.
Justice Secretary Leila de Lima said Ampatuan, among those principally accused in the multiple murder case, lacks the qualification to become state witness.
"(It's) not possible. It's really rejection insofar as public prosecutors are concerned," De Lima told reporters in a news conference yesterday. "We do not need him."
She also cited Ampatuan's insistence of innocence, saying it "goes against the very essence of a state witness."
"If you offer to become state witness, you should know about it (crime). He's saying now that he has nothing to do with the massacre. That would be contradictory to our witnesses who pointed to his involvement in the planning stage," she said.
The DOJ chief added that Ampatuan should be "not the most guilty" for him to qualify as state witness.
"There also should be no other direct evidence which can prove the culpability of the other accused, and that your proffered testimony can be corroborated in its material points," she said.
The DOJ chief said the prosecution is also aware of speculations that Ampatuan's move could be a ploy to evade conviction and a strategy of the family to save their assets.
"There's got to be more to it than meets the eye. It's not natural human behavior to go against your own brother and father. He wants to save himself and his family. You can say it was conscience knocking on him, but it really has to be evaluated," she said.
But De Lima said the DOJ might reconsider its stand on Zaldy's offer should the latter plead guilty during his arraignment and formally apply to become state witness.
She said she also sees nothing wrong with Zaldy's request for protection while inside the jail.
De Lima has given assurance that the DOJ would successfully prosecute the massacre case and the conviction of the accused is "just a matter of time."
Zaldy's lawyer Redemberto Villanueva however clarified his client has no intention to become state witness, but only wants protection from the government's Witness Protection Program (WPP).
"Zaldy wants to clarify that [he is not applying to become state witness]. He just wants to cooperate with the government so that the public will know the truth. What we're saying is that, as a witness, maybe the government can just give him protection," Villanueva said.
After turning his back on his family, Zaldy has apparently also burned bridges with former President and now Pampanga Rep. Gloria Macapagal-Arroyo.
In a statement released at the DOJ by his lawyer last night, Zaldy said he is willing to cooperate with the administration of President Aquino in investigating anomalies in previous election purportedly perpetrated by the former administration.
"Then President Gloria Arroyo was not the only politician who benefited and manipulated this system of cheating in the ARMM," he alleged.
Zaldy specifically revealed anomalies and fraud during the 2007 ARMM polls when he won as governor under Arroyo's ticket.
He bared that his father Andal Sr., who is also indicted as principal accused in the massacre, was called by former first gentleman Jose Miguel Arroyo in January 2007 in his office in Makati City to plan the alleged cheating in Maguindanao polls in favor of Sen. Juan Miguel Zubiri.
It was during this meeting that Andal Sr. was given P3 million, which was also attended by former provincial administration engineer Norie Unas. The meeting was meant to map out how to ensure a 12-0 vote for the administration.
Zaldy alleged that Mr. Arroyo instructed their family to ensure that then senatorial bet Aquino and other candidates Alan Peter Cayetano and Panfilo Lacson, would get zero votes in Maguindanao.
Arroyo's lawyer Ruy Rondain however said that the former first gentleman was then convalescing during the period cited by Zaldy's lawyer in 2007.
Zubiri also denied the charges saying the ARMM polls results were not subject of the poll protest filed by his rival for the last Senate slot, Aquilino Pimentel III.
No discussion to make Zaldy state witness – PNoy
President Aquino said the government would study what Zaldy will reveal about his family members even as he pointed out his administration was not in any way entering into a deal with the former governor and that there was no discussion about making him a state witness.
"I have tasked individuals to assess exactly what he has to offer and whether or not it meets the criteria (of becoming a state witness)," the President told reporters in an ambush interview in Roxas City after the distribution of social services there.
"When you say state witness, there is dropping of charges automatically, the immunity from suit etc. His offer does not contain any of that. He wants to impart –I understand I never talked to him -he wants to impart all of this evidence or purported evidence. As long as he's not given undue interest," Aquino said.
Asked how Zaldy's offer to be a witness would affect the seizure of assets and conspiracy cases of the Ampatuans, the President said "he's not asking for anything in return."
"Because if you're state witness you are being the least guilty, so you can be given immunity from suit. Then if there is immunity from suit, all of his cases will be gone, it becomes moot and academic," Aquino said.
"But the emissary that I have talked to says he is offering all of this evidence or his testimony without any consideration being asked for," he added.
Presidential spokesman Edwin Lacierda said the DOJ and Department of the Interior and Local Government (DILG) were tasked to assess Zaldy's offer.
"The perspective here is that we're after the truth and we'd like this case to be prosecuted expeditiously. We'd like to assure the victims of the Maguindanao massacre, the relatives of the victims that this is all for the furtherance of truth," he said.
"If there's any testimony that can help us further the truth and enlighten what really happened during that day, that's the reason why we're looking at the testimony of Zaldy Ampatuan," Lacierda said.
He said it is the duty of the government to "really discover what really went on and if there's anybody who can give us direct evidence."
He said government lawyers have to determine whether Zaldy's testimony would be "personal knowledge or hearsay," and that he was not part of the conspiracy.
DILG 'secures' Zaldy
The government has "secured" Zaldy, his wife and children a day after he expressed his willingness to become state witness.
"Zaldy has been placed in detention separate from other accused in the massacre, particularly from other members of the Ampatuan clan. We don't give him perks or any other privileges but we'll make sure he'll be safe as well as his family," Interior Secretary Jesse Robredo said in a press conference held at the DILG main office in Quezon City.
Robredo said being "secured" does not necessarily mean Zaldy is enjoying VIP treatment while in detention at the Quezon City Jail Annex.
He said Zaldy made the offer to be state witness when the DILG chief was inspecting the detention in Quezon City Jail Annex in Bicutan, Taguig recently. The inspection of the jail facility, where at least six Ampatuan family members are detained, was to ensure no special treatment was extended to any of them.
But the DILG chief said he was not impressed with the information Zaldy revealed to him.
"Zaldy Ampatuan had told stories, which we already knew. If we want to get those behind the massacre, his statement is not enough," Robredo said.
"Zaldy claimed he has nothing to do with the massacre but he has to prove it. The government is not after Zaldy but for the interest of justice," he said.
Former Barongis vice mayor Sukarno Badal tagged the Ampatuans, particularly former Datu Unsay mayor Andal Ampatuan Jr., who allegedly gave the order to his men to open fire at the victims.
Ampatuan Jr. allegedly led more than a hundred of his men in stopping a convoy carrying supporters of a political rival and journalists in Maguindanao on Nov. 23, 2009. The Ampatuans denied the charges.
Aside from Zaldy, other Ampatuans in the lockup are former Maguindanao Gov. Andal Sr., former Datu Unsay Mayor Andal Jr., former mayor Anwar, Kagi Akmad, and Sajid.
Other detained members of the Ampatuans are Norodin Datumanong Ampatuan, and Tumi Timba Abas. Police are also hunting 84 accused—mostly members of the civilian volunteer organization (CVO), who acted as private armed groups of the Ampatuans.
Mangudadatu camp rejects Zaldy as state witness
Maguindanao Gov. Esmael Mangudadatu and his relatives are against taking the suspended governor as state witness, saying it was a "desperate" act.
Mangudadatu told reporters in a text message he is optimistic that the DOJ will not allow Zaldy to avail of the government's witness protection program since he is also a key suspect in the massacre.
Interviewed by dzRH radio yesterday, Mangudadatu said Zaldy's turnaround might have something to do with the upcoming elections in the Autonomous Region in Muslim Mindanao(ARMM). Zaldy was ARMM governor when he was detained for the Maguindanao massacre.
But Zaldy's relatives in Ampatuan Shariff Aguak, Datu Unsay, Datu Saudi and Mamasapano towns said it is absurd to insinuate that Ampatuan's bid to be free could be part of their clan's preparation for the 2013 ARMM elections.
"We are aware that all Datu Zaldy wants is to clear his name and clarify that he wasn't involved in that massacre. It is a known fact in Maguindanao that it was masterminded only by two Ampatuan clan members," a cousin of the ARMM governor, who is a senior public school teacher in Shariff Aguak said.
He betrayed his father [Andal Sr] and brother [Andal Jr] in order to save himself," said lawyer Nena Santos over the phone.
Santos added the prosecution does "not need" the testimony of Zaldy because they have "enough witnesses to prove conspiracy," in plotting the massacre.
Santos, citing the testimony of their witnesses said Zaldy was present and consulted in hatching the plot against Mangudadatu.
Santos also questioned the "motive" and "timing" of Zaldy's actions, saying it could be connected with the filing of cases against former President Gloria Macapagal-Arroyo.
"We've been receiving reports that there is an ex-deal between Zaldy and Malacañang," Santos said.
She also questioned Malacañang's statement that Zaldy could still be state witness, when such prerogative belongs to the prosecution alone.
"Maybe [Zaldy] will testify on what he knows about GMA at the expense of the massacre case," she said as she demanded explanation on the Palace's statement.
Zaldy had said he is willing to testify regarding the crime even if it will implicate his family "Yung tatay ko, yung kapatid ko, yung ibang akusado dinidinig na ang kanilang kaso sa korte. Kahit sino pa man na-involve sa krimen na ito na karumal-dumal. Kahit sino pa ang matatamaan, handa ako," he said in an interview aired by GMA-7.
Gregorio Narvasa II, counsel for Andals Sr. and Jr., meanwhile, refused to give comment.
"He doesn't like to grant any interview because the case is already in court," said Narvasa's staff Zoila Ibañez over the phone.
Lawmakers smell something sinister
Lawmakers expressed suspicions about Zaldy's offer and warned the DOJ against accepting him as a state witness, saying he is among the most guilty.
"His move is highly suspect. The Ampatuans are shrewd, politically savvy and manipulative. There is more to this than meets the eye," Gabriela party-list Rep. Luzviminda Ilagan said.
She said Ampatuan may only testify to exonerate himself and would not resolve the case. "Let him sing first," Ilagan said.
Cavite Rep. Elpidio Barzaga, a veteran prosecutor before entering politics, said he doubts if Ampatuan would qualify as a state witness.
"State witness is being resorted if there is no sufficient evidence to prove the guilt of the accused beyond reasonable doubt," Barzaga said.
"Moreover, the rules of court require that the state witness should appear to be the least guilty among the accused. I do not think that (former) governor Zaldy Ampatuan would be able to meet these requirements," he said.
Bayan Muna Rep. Neri Colmenares described the offer to turn state witness as "a desperate attempt on the side of the Ampatuans to salvage their clan."
"He (Zaldy) may be a credible witness but his testimony according to the victims and the prosecution is not crucial to pin down the culprits behind the massacre," Colmenares said.
"I don't want one of the most guilty parties to be freed on the pretext of becoming a state witness. Besides his testimony may be double-edged and may go either way and may damage the prosecution," he said.
Victims' lawyer also says no
Lawyer Harry Roque, representing the families of some of the slain journalists in the massacre, for his part criticized some Cabinet officials for allegedly intervening in the case.
Roque said he received information that some Cabinet officials have acted as an intermediary between the President and Zaldy, but refused to identify them in the meantime.
He also took exception to the statement of Robredo that Zaldy's latest offer should be studied. "The victims' families are upset. The DILG secretary is acting like a counsel for the Ampatuans," Roque said in an interview.
"What does he (Robredo) need to study? Does he have any relation to this case?" he added.
He said statements relating to the prosecution of the multiple murder case are solely within the functions of the DOJ, the lead agency in the case.
He vowed to file a formal protest about the interference of some Cabinet officials before the Palace and the DOJ. With Aurea Calica, Delon Porcalla, Reinir Padua, John Unson, Cecille Suerte Felipe, Aie Balagtas-See, Paolo Romero
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