Sajid Islam Ampatuan knew of murder plot but ‘did not perform overt act’ — court

The only son of Andal Ampatuan Sr. who was acquitted in the Maguindanao Massacre case knew of the murder plot but did not perform any "overt act" to be considered a conspirator, the judge who handed down the historic verdict ruled.

Datu Sajid Islam Ampatuan was cleared of multiple murder despite having attended three meetings in which the clan allegedly discussed the plot to kill Esmael "Toto" Mangudadatu, a political rival.

"Thus, for failure of the prosecution to discharge its duty, this court has no other option except to exonerate him from the crimes charged," Judge Jocelyn Solis-Reyes said in a 761-page ruling.

Sajid is the mayor of Shariff Saydona Mustapha in Maguindanao. He has been out on bail since 2015.

Sajid's brothers Andal Jr., Zaldy, and Anwar Sr. and 25 others were found guilty of 57 counts of murder and sentenced to reclusion perpetua without parole. Their father, himself a primary suspect, died in 2015.

In her decision, the judge found that no eyewitness said Sajid was present at the crime scene in the hilly portion of Sitio Masalay in Ampatuan, Maguindanao on November 23, 2009, when 58 people, 32 of whom were journalists, were killed using high-powered firearms.

Sajid had claimed he was with his wife, who was filing her own candidacy in another place, at the time of the massacre.

He did not attend Thursday's promulgation and has been ordered to explain his absence within five days.

Like Sajid, Zaldy was not in the massacre site. He said he was in Manila for a meeting with then-president Gloria Macapagal-Arroyo.

Though they both attended the planning meetings, the difference between Sajid and Zaldy was that Sajid did not say anything to encourage his brothers to push through with the plan, the court's ruling showed.

On the other hand, Zaldy "consistently gave his support to the plans," agreed to be assigned in Metro Manila as a possible place for the filing of Mangudadatu's certificate of candidacy, and "offer[ed] to give all his guns," the court said.

Though a witness claimed to have heard Sajid discussing "how to save the backhoe" that was used to dig the pit the victims were buried in, the court said this was "of no moment."

Anok Akil, a Masalay resident who saw armed men from his house along the highway, was summoned by Andal Sr. a day after the massacre.

This was when he claimed he heard Sajid discussing with Zaldy's lawyer and Andal Sr.'s right hand that they had to "make it appear that [the backhoe] was there at Sitio Masalay even before the incident." He also said Sajid gave him P2,000 to buy fish.

"This cannot be considered an overt act indicative of conspiracy with his brothers and cohorts," the court said.

"His presence in the abovementioned meetings without uttering any words of encouragement that served to embolden and influence his brothers to carry out their plan so as to make him liable as a conspirator is wanting."

Acquitted alongside Sajid was their brother-in-law, Datu Akmad "Tato" Ampatuan, who also attended the planning meetings but was in a medical mission elsewhere on November 23. The court also said there was no evidence he committed an "overt act" to support the plot.

On the other hand, Andal Jr. (Unsay) was seen at the massacre site to be personally leading the killings. Though Anwar Sr. was not at the site, he was found to have suggested not only to kill the Mangudadatus but also to bury their vehicles. He also helped Unsay escape, the court said.

Their lawyers said they would appeal.

Aside from the 28 convicted of murder, 15 police officers were sentenced to six to 10 years of imprisonment for having acted as accessories to the crime.

More than 50 people were acquitted due to reasonable doubt, and three more were cleared because the court found the prosecution "absolutely failed to prove their guilt."

The murder convictions were for only 57 counts because the remains of the 58th victim, photojournalist Reynaldo Momay, were never found. Only his dentures were found at the crime site. — RSJ, GMA News