Sen. Panfilo Lacson Monday expressed fears that the murder case filed against members of the Ampatuan clan may be dismissed due to a technicality following President Arroyo’s lifting of Proclamation 1959 which put the province of Maguindanao under martial law.

Lacson said he suspects a “secret deal” in the works between President Arroyo and the Ampatuans to absolve the clan which has been suspected of carrying out the massacre of 57 people in the province, 30 of which are journalists.

The lifting of martial law may be part of the deal to weaken the case, Lacson said.

“People cannot be prevented from suspecting that this is deliberate to help the Ampatuans, kasi sa technicality pwede (ito) ma-dismiss,” Lacson said.

“Di ba hindi admissible ang illegally acquired evidence, fruit of the poisonous tree? Maraming nagsuspetsa. I don’t like to think ignorance iyan ang dami nilang (they have so many) lawyers. Kung deliberate, why do it deliberately? Ano hold ni Ampatuan kay Gloria? Ang dami. Baka yan ang deal,” he pointed out.

One telltale sign of a secret deal between Malacañang and the Ampatuan is Mrs. Arroyo’s effort to distance herself from the case and allow Executive Secretary Eduardo Ermita to preside over the issue.

“In the first place, why did Ermita and not GMA make the announcement? Nagdi-distance siya, di ba? Kung siya mismo baka sabihin ng Ampatuan nilalaglag mo kami, magsasalita kami. (If she makes a statement, the Ampatuans may see it as betrayal and they will speak out),” he said.

“Yan ang problema doon. Kung analyze mo ang situation hindi mo puwede accept ignorance yan, sangkatutak na lawyers doon eh. Maski may bobong lawyer may magagaling na lawyer doon. (That’s the problem. If you analyze the situation you cannot accept it as ignorance on their part. They have so many lawyers. Even if one is stupid there are other good lawyers there),” observed Lacson.

Sen. Minority Leader Aquilino “Nene” Pimentel, Jr. earlier expressed the possibility that the Ampatuan family has enough evidences of the massive cover-up of evidences of electoral fraud in the 2004 and 2007 May elections that is why Mrs. Arroyo declared martial law in Maguindanao.

Lacson said he would not be surprised if the suspected clan uses the defense that the military and police illegally confiscated the high powered firearms and other documents using provisions in the Bill of Rights.

“Weakened ang evidence. Kung walang martial law maingat ang ano, apply sila search warrant, susunod sila sa Bill of Rights, ang Bill of Rights, di suspended, Sec. 2 Art. III yung protection ng civilian from illegal searches and seizures,” he said.

“The soldiers were made to believe, walang additional powers under martial law except reglamentary period kasi under normal conditions, 36 hours lang yan. Pero pag may suspension ng privilege magiging 72 hours,” explained Lacson.

He said only the documents and evidences the military and police got during the follow-up operations may be the only evidences that could be presented before the courts.