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Datu Unsay: ‘Not Guilty’

 “This is not to argue that Andal Sr. and Jr. are not guilty as hell but it might have been better for the prosecution to have asked for more time to secure all the evidence that would put the nails on the coffin of the father-son crime wave.”

by Ducky Paredes     

Of course, he would plead “Not Guilty!” The way that  our justice system works, that is the best route for anyone accused of everything. There is hardly room for  a plea bargain where one can expect a speedier trial and a slightly lighter sentence.

In fact, many times, in other climes, the big cases are delayed by even a whole year to make sure that all the evidence is in prior to the start of the trial. Not in this country.

Here, what we do is rush the big cases through the court calendar bowing to the temper of the times, which is also why sometimes (as in the Hubert Webb case) there are rushes to judgments that give in to the people’s hunger for “justice”  which  produce just the opposite – sentences that turn out to be gross injustices.

This is not to argue that Andal Sr. and Jr. are not guilty as hell but it might have been better for the prosecution to have asked for more time to secure all the evidence that would put the nails on the coffin of the father-son crime wave.

All of the Ampatuans are in jail with the former ARMM Governor with three others in a General Santos jail. The charge against the lesser Ampatuans is rebellion, which is highly unlikely  to prosper because at least two of the Ampatuans were in Malacanang in a tête-à-tête with Gloria Arroyo at the time that the killings were happening. If they were in active rebellion mode at the time, shouldn’t they have at least taken her hostage or killed her outright as the living symbol of the Republic that they were rebelling against?

Obviously, to my mind and to a proper legal system, there is no such thing as guilt by DNA, which is what condemning everyone name Ampatuan. means  There were grandchildren of Andal Sr. studying in private school in Davao. We  are told by Davao residents that all of the children were picked up from their classrooms on the morning of the massacre and none of them have been back in their classrooms since. In fact, they have a pending request with the Jesuits for a tutor for all of these children.

What disturbs me about how this case is being handled is that it is obviously a rush to judgment. Getting it done before she steps down – to her mind – proves that she did not coddle the Ampatuans, junior and senior. Of course, she did and her rush to judgment will not absolve her or what the Ampatuans did for her in 2004 which is why she continues as our ‘President.

In fact, it may well turn out that this rush to judgment may well be the thing that will eventually lead to a finding that the massacre of 57 women and mostly media was not properly proved in a court of law. It is a possibility considering that the trial has begun even before all of the evidence has been accounted for. Even with still a lot of loose ends, the case will be going to trial in two weeks.

* * *

My niece (my brother Jim’s second daughter) Ala has become a historical figure by being the first-ever sketch artist officially commissioned to provide sketches of the courtroom for a trial. This is a practice in other countries where cameras are not allowed in courtrooms.

Now that she has got into the history books, she should do one or two more and then go back to her more  orderly and more halcyon life in Sydney.  She sees her work as one of public service and it is. She is not paid for doing the work but, as Ala says, drawing is her life.

We’re proud of her but she should get as far away from that trial as she can. Even with all of the efforts to secure the prisoner and the courtroom, there is always the possibility that the accused or one of his victims will do the unthinkable.

Besides, there are a lot of budding artists who will want a chance to get into the limelight by being given a chance to provide their own sketches of what will obviously be among the trials of the decade if not of the century.

But, for my niece, I want her as far away as possible from any evil..

* * *

 We know that Malacanang is at its wit’s ends when it comments on green urinals for women and especially when a spokesman sees that these green urinals may be just what their official presidential candidate (Is there really an unofficial one, besides?) Gibo needs to prop up his popularity.

According to a news report, “Malacañang is eager to embrace a project of the Metro Manila Development Authority to install green-painted urinals, since green is the campaign motif of administration standard-bearer Gilbert Teodoro.”

Gary Olivar who at one time was touted for his political acumen and is now the presidential economic spokesperson, said: “Well, you know green is not a bad color. Green is pleasing to the eye…easy on the eyes. You know it evokes the environment, ecology, conservation.

 “Well, if that is the unintended but positive consequence of the decision being made, then we should probably be appreciative of that consequence happening.”

The MMDA, under its new chair Oscar Inocentes will place plants in pots to line the main arteries of Metro Manila. Henceforth the MMDA’s color has changed from the pink under Bayani Fernando to green.

Clutching at straws, Olivar observes that if Teodoro and Inocentes have the same color preference, “then it would be an unexpected plus for the administration party.”

Good grief!

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hvp 12.14.09)

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