MANILA, Philippines - For the second time in the bail hearings of Datu Unsay Mayor Andal Ampatuan Jr., a state prosecutor asked a private lawyer to take over the questioning of a witness.

During the bail hearing held Wednesday (February 3), state prosecutor Leo Dacera asked Judge Jocelyn Solis-Reyes to allow private counsel Harry Roque to ask questions in the redirect examination of Buluan Vice-Mayor Esmael “Toto” Mangudadatu.

Defense counsel Sigfrid Fortun protested the request.

“It is irregular for the Philippine state prosecutor to pass on questioning to a private prosecutor whose only responsibility is to protect the interests of his clients with regard to damages,” Fortun said.

Roque represents the families of 13 journalist-victims.

Solis-Reyes asked that Roque pass on his questions to Dacera. The state prosecutor, known for breaking into long speeches on justice and rights in the middle of cross-examination, told the court that he would rather that Roque ask the additional questions himself.

“I may not be as eloquent as the private prosecutor,” Dacera said.

Solis-Reyes permitted the proceeding, and asked Dacera to manifest for the record that he was authorizing Roque to ask questions in his stead.

Roque began by asking Mangudadatu if he knew a certain victim named MacDelbert Arriola.

'Prosecution losing footing'

Fortun, who objected on the grounds that the questions were leading, repeatedly interrupted Roque.

It became a game of speed, whether Mangudadatu could answer before Fortun objected while Roque raced on.

Solis-Reyes permitted the questioning “in the interest of justice.”

Roque continued to ask if Mangudadatu knew various victims.

When objections as to relevance were raised, Roque claimed the witness’ knowledge of the victims added to the strength of the case.

Judge Solis-Reyes answer was sharp and frustrated. “I don’t think so.”

It was earlier established that witness Mangudadatu had not himself been to the site until long after the massacre.

“The court will not allow it,” Solis Reyes said.

The prosecution has been losing its footing since the beginning of the bail hearing in January.

Roque announced that he and his 13 clients intend to file a case at the Asean Human Rights Commission against the Philippine government.