Maguindanao massacre: How silence and a medical mission cleared two of the main accused

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The court found that there was proof beyond reasonable doubt for the commission of the crime. It established that the Ampatuans held several meetings prior to the Nov. 23 massacre to plot the killing of Toto Mangudadatu and/or whoever filed his candidacy.

However, 56 others were cleared of any liability for the crime — said to be the worst case of election-related violence in the Philippines and theAmong those acquitted are four members of the Ampatuan clan, including Datu Sajid Ampatuan and Datu Akmad “Tato” Ampatuan, who attended meetings on the plot to kill now-Maguindanao 2nd District Rep. Esmael “Toto” Mangudadatu. The court ruled that their presence at those meetings is not enough to convict them.

It said there is no evidence that he followed through with their plan as he attended a medical mission on the day of the killings; and no eyewitnesses testified that Datu Sajid was present at the crime site on November 23, 2009.The court also said that 33 policemen and 22 others — including two Ampatuans, Jonathan and Jimmy — are “totally innocent” of involvement in the massacre, as they had no prior knowledge of the murder plot and were not present at the scene of the crime.

Among the policemen who were acquitted is PO1 Warden Legawan, who was spotted by Badal to along with PInsp. Saudi Mokamad heading to the crime scene on the day of the massacre, but was not seen during the time of the shooting. The court also cleared PSupt. Abdulwahid Pedtucasan and PSupt. Bahnarin Kamaong of involvement as no evidence was presented to clearly show they were involved in the ploy.

“There is no evidence on record of any danger that could have jeopardized Momay’s life in relation to the charge of murder. The prosecution also did not ascertain whether the recovery of his corpse was impossible. No one had testified to this effect,” the court said. “Who would ever clean everyday the denture of a loved one or live-in partner when the latter is not physically incapable of cleaning it himself/herself? Is it a normal human behavior? The court can only surmise that Bilbao resorted to this kind of narration in order to convince it of her ability to identify said denture as belonging to Momay,” the court said.

A question also hangs over the acquittal of PSupt. Bahnarin Kamaong, whom the court also sentenced to up to 40 years in prison.

 

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