A NEW witness who was privy to the alleged plotting of the gruesome Maguindanao massacre last November 23 has surfaced and is now in the custody of the Department of Justice.

Justice Secretary Agnes Devanadera said the new witness, whose identity is withheld for security reasons, has already given his affidavit alleging that arrested Datu Unsay Mayor Andal Ampatuan Jr. and several of his kin were involved in the planning of killing about 60 people, which include 30 members of the media.

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“We have a witness who can prove that before this (massacre) happened. He was in a place where the Ampatuans were giving instructions (on how to carry out the massacre),” said Devanadera.

According to the new witness, he was present during the meeting of the Ampatuans prior to the incident, and heard orders directly from them, and even participated in the murders.

The positive identification of the new eyewitness, who surfaced last Friday, would further nail down Ampatuan to the crime, Devanadera said.

The witness’ admission to the DOJ’s Witness Protection Program, along with other witnesses who even admitted to pulling a trigger during the killing, is now being processed, she added.

Devanadera said the testimony of the new witness strengthens common allegation made by at least 20 earlier witnessed that implicated in the massacre.

Multiple-murder charges are to be filed on Tuesday against Ampatuan at the Cotabato Regional Trial Court, based on the complaint-affidavits filed by Buluan town Vice Mayor Mangudadatu and seven other families of the victims.

Aside from the sworn statements of witnesses, including several men of the Ampatuans who confessed to taking part in the massacre, the DOJ also relied in autopsy reports and photos of the cadavers.

The DOJ issued the resolution after the camp of Ampatuan waived his right to submit his defense during inquest last Thursday in General Santos City.

Those whose names surfaced in various affidavits submitted to the DOJ for alleged participations “before, during and after the massacre,” were Mayor Ampatuan’s father and former Maguindanao Governor Datu Andal Sr., brother and Armm Governor Zaldy “Puti,” and relatives Nords, Akmad and Akmad “Tato” Jr., Saudi Jr., Bahnarian Jr., and Sajid Islam.

These eight Ampatuan clansmen have already been placed under the Bureau of Immigration (BI) watchlist to prevent them from leaving the country.

Devanadera said that this means that they are now also being considered as suspects since their names have repeatedly cropped up in several affidavits that DOJ prosecutors have received.

“They (eight others) are under investigation. In a way they can be considered suspects already because of the statements of witnesses. It is now up to law enforcement authorities to arrest them since they are still in hot pursuit operations,” she said.

She added that the Ampatuans would also be given the same procedure accorded to the arrested mayor.

“We are taking steps towards that (arrest of the other Ampatuans),” she said.

Devanadera said more arrests would be made as soon as the police investigators have finished their investigation into the supposed involvement of other Ampatuans in the crime.

The DOJ was supposed to file its complaint in court last Friday, but was prevented from doing so because of the celebration of the Muslim holiday, Eid Al-Adha (Festival of the Sacrifice).

Thus, the 36-hour commitment of the DOJ to file the complaint had already lapsed.

Devanadera however does not see any technicality as she expressed confidence that it has a strong case against Ampatuan despite the unexpected delay in the filing of the complaint.

Meanwhile, Devanadera said there is no compelling reason to give Ampatuan a privilege of a hospital arrest because he is not suffering from any major or life-threatening health condition.

Ampatuan earlier claimed that he is restless in his cell at the National Bureau of Investigation, and that he is having a hard time sleeping due to his fears of ghosts.

His fears were confirmed by NBI lawyer Ricardo Diaz, chief of Counter Terrorism Unit (CTU), who said that Ampatuan preferred to sleep outside his detention and stayed most of the time at a bench near the visitors’ area.

On Friday, the mayor’s lawyer claimed he was having trouble breathing inside the detention cell supposedly because it was small and hot.

But hours earlier, Diaz said a routine checkup of Ampatuan showed he had no major medical condition except for a history of asthma.

Diaz also said Ampatuan had rejected food sent to him from those claiming to be his relatives.

“May food which supposedly come from an uncle whom he did not know. He doesn’t eat that. It his right and he said there is threat against him life,” Diaz said.

The drug test conducted on Ampatuan on Friday showed that no trace of the illegal substance found in his system.

However, the NBI said it does not mean that Ampatuan did not take drugs as traces usually lost after 40 hours from the time of the consumption.

However, urine test (Benzodiazepine) found traces of Rivotril, a sleeping pill which Ampatuan admitted that he was taking.
(ECV/Sunnex)