Accused in Maguindanao massacre seeks dismissal of murder charges

One of the accused in the Maguindanao massacre case has asked a Quezon City court to junk the 58 counts of murder charges leveled against him due to lack of evidence.

In a 22-page demurrer to evidence filed before Judge Jocelyn Solis-Reyes of the QC Regional Trial Court Branch 221, accused Mohamad Sangki, through his legal counsels from the Valenton Loseriaga Law Offices said the voluminous documents and the numerous witnesses presented by the prosecution against him failed to establish his guilt beyond reasonable doubt.

On November 23, 2009, 58 individuals, including 32 members of the media, were waylaid while on their way to cover the filing of the certificate of candidacy of Esmael ‘Toto’ Mangudadatu as Maguindanao governor. The 58 victims were found murdered and dumped in a shallow mass grave in the municipality of Ampatuan, Maguindanao. Among the victims were Mangudadatu’s wife and other relatives.

Under Section 23 of Rule 119 of the Rules of Criminal Procedure, demurrer to evidence states that after the prosecution rests its case, the court may dismiss the action on the ground of insufficiency, upon demurrer evidence filed by the accused.

Earlier the prosecution asked the court to use Sangki as state witness but Judge Reyes denied their motion ruling that the accused's testimony is no longer needed.

However, though the court has not allowed Sangki to turn state witness, he is still under the government's Witness Protection Program (WPP).

In his pleading, the accused claimed that there is no evidence to prove that he was actually and directly involved in killing the 58 victims of massacre.

He argued that there is no evidence that will point to him as having conspired with any or all of the other accused who are charged for being actually and directly involved in the murders.

The accused added that none of the witnesses for the prosecution mentioned him as one of those were present at the crime scene.

"There is only one testimony admitted by the Honorable Court that mentions herein accused that is of state witness Rasul Sangki taken on Jan. 13, 2010. But such testimony is not enough to establish conspiracy. Rasul only mentioned herein accused as among the persons who accompanied him to crossing Saniag when he was summoned by Datu Unsay (principal accused Andal Ampatuan Jr.) Accused was no longer mentioned by Rasul in the rest of his testimony," as stated in the demurrer.

The accused asserted that there is no positive and conclusive proof beyond reasonable doubt that he even knew of the plan to commit the murders.

He also added that there is also no evidence that will prove that he was present at the crime scene, rendered moral assistance to other accused present at the crime scene or exerted moral ascendancy over the other accused.