LACSON: “DROPPING OF CHARGES AGAINST AMPATUANS - A DAY TO REMEMBER”

"As every first year criminal law student knows, an alibi would not be sufficient to show the lack of participation in a conspiracy.  You don't have to be present to pull the trigger to be part of the crime"

Liberal Party senatorial bet Atty. Alex `Pinoy’ Lacson urged the public to support the  relatives of the Maguindanao massacre victims in filing a motion for reconsideration of the Department of Justice (DOJ) decision to dismiss all multiple murder charges against ARMM Governor Zaldy Ampatuan and his brother Akmad.  Lacson also called on the DOJ not to order the release of the Ampatuans pending the resolution of the motion. 

A noted lawyer, Lacson says that it was unfortunate that the DOJ chose to believe the Ampatuans' alibi story despite the “overwhelming pieces of evidence” presented showing a “conspiracy among the Ampatuans” in the Maguindanao massacre.

“ If you remember, among the pieces of evidence that were recovered were the backhoes with the markings of the ARMM and Maguindanao provincial offices. Those backhoes were public property and could not have been released without the approval or knowledge of someone as senior as the ARMM governor who happens to be one of the accused. I understand there was also testimony provided, and other circumstantial evidence pointing to a conspiracy. As every first year criminal law student knows, an alibi would not be sufficient to show the lack of participation in a conspiracy.  You don't have to be present to pull the trigger to be part of the crime," Lacson said.

Lacson also noted the unusual speed shown by the DOJ in resolving the defense's petition despite the difficulty of the case, given that it involved a very disturbing and serious crime committed against 57 Filipinos who died in Shariff Aguak town in Maguindanao last November 23.

“ I must laud the Department of Justice (DOJ) for its speedy resolution of the Ampatuans' petition.  It was unusual. I hope the DOJ also shows the same dispatch with numerous pending petitions for review filed in their office by ordinary citizens. It is disturbing that the DOJ appears to have acted hastily in this instance, while petitions of ordinary Filipinos with far less evidence against them still languish in their vaults and file folders.  I know some of those ordinary Filipinos, and they continue to fight for their rights while the Ampatuans are able to get their "justice".  It is a sad fact that only the powerful get justice in this country.”

Lacson is also worried about the implications of the release of ARMM Governor Zaldy Ampatuan. The lawyer said this could impact on the multiple murder cases filed against other defendants and potentially put witnesses at risk.

“ What will the relatives of the victims and those who bravely volunteered to be state witnesses feel and think now? How will they sleep soundly at night knowing that two members of this powerful warlord clan are free? This could discourage our state witnesses and instill fear in others who want to testify against the Ampatuans. This could also influence those involved in the further investigation of the massacre.”

Lacson surmised that the release of the Ampatuans might have been prompted by the outbreak of violence in Maguindanao and could be part of a deal made by the warlord clan with the Arroyo administration.

“ We know for a fact that government needs the Ampatuans to maintain stability in the province and ensure another "victory" for Arroyo's chosen candidates in the coming elections. There are a lot of reasons why this government would choose to support the Ampatuans, and sadly, abandon those who are powerless to protect themselves."