Lawyer, group say DOJ liable for massacre witness' death

A lawyer representing families of slain journalists in the Maguindanao massacre, and a local human rights group have laid the blame on the Department of Justice for failing to prevent the death of a possible key witness in the gruesome Nov. 23 killings. The DOJ and and its Witness Protection Program were not keen on protecting Suwaib Upham, a self-confessed gunman in the carnage that saw 57 people killed in one day, lawyer Harry Roque Jr. said in a statement. Upham, who went by the pseudonym "Jessie" when he appeared before the media, was killed in Parang, Maguindanao on June 14. Prior to his death, he was moving from place to place because of threats against his life. However, local police said last week they are still verifying whether the man killed on June 14 was indeed Upham. "Ultimately, it is the state, through the DOJ, that is precisely tasked to protect and promote the right to life of individuals, especially those who have come to them for assistance. No amount of blaming others can absolve the DOJ and the state in this regard," Roque said. Meanwhile, the Philippine Alliance of Human Rights Advocates also condemned the DOJ for its supposed failure in going out of its way to protect Upham. "Upham’s return to Maguindanao is indicative primarily of the dismal failure of Justice Secretary Alberto Agra and the DOJ to care for a witness who sought their protection," the group said in a separate statement. GMANews.TV tried to contact Agra, but was not able to reach him as of posting time. Agra had earlier denied that the DOJ made it difficult for Upham to avail himself of the WPP, and blamed Roque for the failed negotiations between the alleged gunman and the DOJ. But Roque said that three times in March, Upham was supposed to be interviewed for the program in various venues that were said to be more secure than the DOJ premises in Manila. He reiterated that Upham was fearful of being interviewed at the DOJ office as he was told that the Ampatuans — prime suspects in the crime — had allies in the agency. After the second scheduled meeting with the WPP committee was aborted, Roque said that "by then, I already suspected that the Department was lukewarm to admit the witness into the program for reasons unclear to me. I then thought that by detailing his proposed testimony, we would be able to memorialize the fact that the Department did not go out of its way to interview the witness despite the seriousness of his testimony." He added there is no specific law that bars a possible witness from being interviewed in places other than the DOJ office. Roque likewise belied Agra's statements that he (Roque) failed to coordinate with the department in protecting Upham. In his statement, Roque stressed that on March 11, Assistant Chief State Prosecutor Richard Anthony Fadullon replied to his office's request for Upham to be listed as a witness to the massacre. "We would appreciate it if we can immediately arrange for an interview with this witness in the DOJ or a secure facility of the WPP. This interview would enable us to know the exact personal circumstances of this witness, evaluate his credibility, as well as ascertain his possible criminal liability or lack of it..." Fadullon said in his letter. Roque then asked why Agra, as the DOJ chief, did not know of Upham. "It boggles the mind that a matter of such high importance should not be communicated to him by his state prosecutors," he said. — RSJ, VS/GMANews.TV