Ampatuans ask QC court to disallow military witness

“MAGUINDANAO Massacre” prime suspects Andal Ampatuan Sr. and his junior yesterday filed an urgent motion asking a Quezon City court to defer the presentation of a military official by the pro-secution as witness.

Atty. Philip Sigfrid Fortun said in his urgent motion that Philippine Army Captain Julius Gundayao does not appear in the prosecution’s list in the amended pre-trial order (PTO) dated Sept. 7, 2010, No. 30, 2010; amended supplement to amended PTO and July 3, 2011 PTO for Andal Sr.

The motion noted that the type of witness had been the subject of previous exclusion motions which are pending resolution before the court.

Fortun said that they are wondering why the prosecution insists on presenting such witness.

Until the court resolves the pending motions, Fortun said presentation of Gundayao or any other new and unlisted PTO witnesses should be disallowed.

On Jan. 26, 2012, Prosecutor Peter Medalle said that the prosecution will be presenting Gundayao in the Feb. 1, 2012 hearing at Camp Bagong Diwa Taguig City.

Earlier, Atty. Nena Santos a counsel for some of the victims in the case said that the prosecution is not the cause of the delays in the hearing of the case.

She made the statement after defense lawyer Paris Real in one of the hearings suggested to have four hearing dates every week to speed up the case.

Santos explained that the members of the prosecution team are handling other important cases other than the “Maguindanao Massacre’’ case making it impossible for them to agree to a four day weekly hearing session.

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