'We didn't plan it, we weren't there'

MANILA, Philippines - Four members of the powerful Ampatuan clan, former political allies of President Gloria Macapagal-Arroyo, have claimed that there is no direct evidence that would link them to the Maguindanao massacre, according to counter-affidavits filed by their lawyers with the Department of Justice (DOJ).

The gruesome killings last November 23 in Ampatuan town in Maguindanao province claimed the lives of at least 57 persons, including members of a rival Maguindanao clan, as well as 30 journalists and lawyers.

In separate counter-affidavits filed with the DOJ panel conducting the preliminary investigation into the multiple murder charges, four Ampatuans--Zaldy Ampatuan, Autonomous Region in Muslim Mindanao (ARMM) governor; Datu Sajid Islam Ampatuan, acting governor of Maguindanao; Datu Anwar Ampatuan, mayor of Shariff Aguak town; cousin Akmad “Tato” Ampatuan--said that they neither participated in the planning nor took part in the murder of innocent civilians.

They asked the panel to dismiss the multiple murder complaint filed against them by the police.

The 4 Ampatuans are currently detained in a regional police headquarters in General Santos City. Aside from the multiple murder charges, rebellion charges have also been filed against them before the justice department.

Zaldy: Witness' claims a sham

Zaldy, in a 3-page affidavit subscribed before Prosecutor I Venchito Bangayan of General Santos City, branded as “sham” the allegations of witness Kenny Dalandag, reportedly a member of the Ampatuans’ private armed group.

Dalandag has alleged that Zaldy was present in a meeting held November 22 at the house of their father, Andal Ampatuan Sr., in Shariff Aguak, capital town of Maguindanao.

It was allegedly in this meeting that a plot to massacre the supporters of the clan’s political rival, Buluan Vice-Mayor Esmael Mangudadatu, was hatched.

Zaldy also said that on November 22, he was at his house at Juna Subdivision in Davao City and was attending to a visitor, a certain Ulama Acad, from 5 p.m. until after dinner.

The ARMM governor said it was impossible for him to be at his father’s residence during the alleged meeting since it would take 4 to 5 hours by land to reach Davao City, which is around 300 kilometers away from Shariff Aguak.

'I was in the Palace during massacre'

Zaldy also said that he arrived in Davao City on November 20 from Manila for the birthday of his youngest son. He said some family members and relatives also attended.

“Plainly, the present complaint against me is utterly insufficient to indict me for a plot to murder innocent civilians. Again, it is premised on a single general allegation that I supposedly attended a purported meeting at Shariff Aguak on November 22, 2009,” Zaldy said in his formal response to the allegations of his involvement in the massacre.

“Aside from the fact that this is not true, complainant did not even specify any act allegedly committed by me that would indicate my complicity thereon and justify my indictment for a serious criminal charge. No evidence was also presented by him thereon. Indeed, other than its unfounded, malicious, and speculative assertion, there is a notable dearth of evidence to support the accusations against me,” the detained ARMM governor added.

Zaldy also said that he could not have also participated in the massacre since he was with President Arroyo in Malacañang when it happened on November 23.

The detained governor said that he and congressmen Yusop Jikiri, Munir Arbison, and other political leaders of Sulu province were with Mrs. Arroyo discussing how the administration could resolve the 2010 electoral contests in the province of Sulu.

Zaldy said he only learned about the massacre after the meeting with Mrs. Arroyo when he received a call from somebody.

“I am thus surprised that I am one of those being linked to said incident when I was not even in Mindanao when the same occurred,” the ARMM governor said.

Sajid: I was with my wife

Sajid, in his counter-affidavit, said he was at the Commission on Elections (Comelec) office in Shariff Saydona Mustapha town accompanying his wife Bai Zandria Ampatuan. He said she filed on November 23 her certificate of candidacy for town mayor.

The then acting Maguindanao governor also denied that he was present in the alleged November 22 meeting at his father’s Shariff Aguak residence. He said that at that time, he was supervising the cleaning and repairs of the municipal office of Shariff Saydona Mustapha.

“Dalandag’s narration is thus far from the truth. I never had a meeting with my father or my siblings on November 22, 2009. The falsity of Dalandag’s story is obvious from the fact that he provided no information on what my participation in the alleged meeting was all about,” said Sajid.

Anwar: I was in a meeting

Anwar, for his part, said that he was at the Shariff Aguak town hall attending a joint meeting of the town council and barangay officials on a proposed project of the Local Water Utilities Administration when the gruesome massacre took place on November 23. He said the meeting started at around 9 a.m, and ended at noon. Anwar said the meeting was adjourned after they heard of the incident in Ampatuan town.

“There are no direct or indirect evidence describing my supposed involvement in the said murder other than the bare and unsupported allegations of purported witnesses, the truth of which cannot be fully ascertained. I vehemently deny any participation whatsoever in the said murder contrary to the claims of the complainants and their supposed witnesses,” Anwar said in his counter-affidavit.

Anwar also said that on November 22, he inspected a project site almost the whole day with Shariff Aguak municipal engineer Halili Lucas, contractors and some laborers.

“A cursory examination of his (Dalandag) affidavit will show that his allegations are deafeningly silent as to my alleged involvement in the crime. It only shows that his supposed testimony regarding the incident is not based on personal knowledge or is a mere afterthought, if only to involve all members of the Ampatuan in this baseless, groundless and malicious complaint against my family. No overt act of my complicity was also alleged,” said Anwar.

Akmad: I was in a medical mission

Akmad, in his counter-affidavit, said he was at his residence in Mamasapano town in Maguindanao on November 22 preparing for a scheduled medical mission to be participated in by several doctors from Manila.

He said the medical mission was held on November 23 at the municipal gymnasium from 7 a.m. to 5 p.m. where he was also present. He said there were many witnesses that would attest to his presence.

“To be sure, there are no direct or indirect evidence describing my supposed involvement in the said murder other than the bare and unsupported allegations of purported witnesses, the truth of which cannot be fully ascertained. This only shows I have no participation whatsoever in the said murder,” Akmad said. With a report from Timi Nubla, ABS-CBN News