Agra’s ‘aggravated assault’

PERRYSCOPE
Perry Diaz

In an announcement that shocked the judiciary and enraged the people, Acting Justice Secretary Alberto Agra issued an order to the government prosecutors to exonerate former ARMM Gov. Zaldy Ampatuan and Akmad Ampatuan Sr. of any complicity in the “Maguindanao massacre” last year where at least 57 unarmed civilians were murdered.

The two were among several members of the powerful Ampatuan clan who were detained by the government on charges of masterminding or participating in the mass murder.

But the prosecutors defied Agra’s order to clear and release the two suspects saying, “it dishonors the institution’s mandate to dispense justice.” In response, Agra arrogantly threatened to remove them from the case and appoint another prosecutor who would follow his order.

In an apparent approval of Agra’s controversial decision, President Gloria Macapagal Arroyo was quiet about it. Agra said, “In this case silence means approval unless there’s an explicit directive to resign or report. I like to think I did nothing wrong for her to berate, rebuff or replace me.” Self-glorifying, self-absolving. There is a term for that: arrogance of power.

Agra reasoned that Zaldy had an alibi that placed him somewhere else. Actually, on the day of the massacre, Zaldy was in Malacañang -- the Ampatuans are political allies of President Gloria Arroyo -- conferring with Arroyo’s political staff. However, Harry Roque, lawyer for most of the journalists killed in the massacre, said, “Alibi is the weakest form of defense.”

Zaldy could have participated in planning the mass murder days or weeks before it happened. And the prosecution had presented witnesses and signed affidavits naming Zaldy as one of the masterminds. It is not uncommon in political assassinations for the mastermind to be far away while hired killers do the job. It’s the “perfect alibi” unless it can be proven with incontrovertible proof and compelling evidence. And the prosecutors have the “ammunition” to blow Zaldy’s alibi to smithereens.

Who is Alberto Agra? Agra passed the bar in 1991 and taught at the Ateneo de Manila, his alma mater. He served as Arroyo’ lawyer when the House of Representatives tried to impeach her in 2006. In 2007, Arroyo appointed him as head of the Office of the Government Corporate Counsel.

On Jan. 8, 2010, Arroyo appointed Agra as Solicitor General. On March 3, 2010, Arroyo appointed him acting Secretary of Justice concurrently. As the head of the Justice Department, Agra sits as ex-officio member of the 8-member Judicial Bar Council which is responsible for vetting and preparing the short lists of nominees for judicial appointments by the President. That’s a lot of power vested on one man. He is, without a shadow of doubt, a rabid Arroyo loyalist, who would gleefully execute her orders without question or reservation.