Sandiganbayan junks Ampatuan demurrer

The Sandiganbayan has denied former Maguindanao governor Sajid Islam Ampatuan’s petition to file a demurrer to evidence in his graft and falsification cases, halfway through trial.

Magistrates of the antigraft court’s Fifth Division said they are denying the motion because the pieces of evidence presented by the prosecution “appear to be prima facie sufficient to warrant the conviction of the accused beyond reasonable doubt.”

Ampatuan and his older brother Andal Jr. are facing charges of graft and falsification of public documents stemming from their alleged involvement in the 2009 award of fuel and lubricants supply contracts worth P22.367 million to a gasoline station owned by Andal Jr.

“A fraudulent procurement is sufficient indication of evident bad faith on the part of the persons involved therein,” the anti-graft court noted.

Ampatuan’s claim that ombudsman lawyers failed to establish conspiracy between him and other respondents to the case is also countered by prosecution evidence that so far “point to the conspiracy” of those involved in the “irregular procurement of supplies,” the Sandiganbayan said.

“Given the sufficiency of the testimonial and documentary evidence against the accused, leave of court for the accused to file a demurrer to evidence would serve no clear purpose but will only delay the proceedings in these cases,” the Sandiganbayan’s ruling issued Sept. 4, read.