Extradition Of British Man Accused Of Abducting, Murdering Girl Sought

[Mr Lee]

Does anyone think that this might start a diplomatic situation if the UK refuses? Tuesday, September 27, 2011WITH Bella Ruby Santos continuing to evade arrest, police are seeking the extradition of her British boyfriend and co-accused in the abduction and killing of six-year-old Ellah Joy Pique last Feb. 8. Provincial Prosecutor Jane Petralba confirmed that they’ve asked the Department of Justice (DOJ) to initiate the process that will bring Ian Charles Griffiths to Philippine soil. “The request was received by the Office of the Chief State Counsel (OCSC) last week,” Petralba said. The OCSC is headed by Atty. Ricardo Paras III. A British court had ordered the 51-year-old Griffiths arrested and then released him on bail last April, under an 1861 law that allows Britons accused of murder or manslaughter abroad to be tried at home. A former director of the Integrated Bar of the Philippines (IBP) Cebu City chapter, however, said the Philippine Government has the discretion in incidents like this, adding that the crime happened in Philippine sovereign territory. The complete story HERE

[Markham]

There is nothing new in this story, the Prosecutors made a similar statement some two months ago! This is a desperate attempt to keep the case in the public eye and is as much a sop to the Governor as it is to the Pique family. I rather think that the UK's Ministry of Justice will consider the Philippine request on the basis of a Crown prosecution under Section 9 of The Offences Against The Person Act of 1861 (as amended) and request all the papers in the case. If the Crown Prosecution Service determines that there is no case to answer - based on the evidence submitted - then no further action will be taken. I don't believe they will even consider holding an extradition hearing under those circumstances. Now a refusal to try or to extradite Griffiths will undoubtedly place the Prosecution in a difficult position because it makes their case unsafe and they would be under very strong pressure to drop all charges against the pair for abduction and murder. And there will be those in Cebu - and elsewhere - who will seek to make political capital out of the UK's decision. There was a widely-publicised proposal, made shortly after Ellah Joy's death, whereby all foreigners would have to register with their Barangay, be issued with ID and be required to seek permission from the Barangay Captain for all journeys out of the Barangay; thereby restricting and controlling foreigner movements. Almost a form of house-arrest. That proposal may well be adopted, most likely on Cebu, as a means of retaliation. But diplomatically, the Philippines needs to remain very friendly with the UK so unlikely to be any fall-out. Mark

[Steve & Myrlita]

There is nothing new in this story, the Prosecutors made a similar statement some two months ago! This is a desperate attempt to keep the case in the public eye and is as much a sop to the Governor as it is to the Pique family. I rather think that the UK's Ministry of Justice will consider the Philippine request on the basis of a Crown prosecution under Section 9 of The Offenses Against The Person Act of 1861 (as amended) and request all the papers in the case. If the Crown Prosecution Service determines that there is no case to answer - based on the evidence submitted - then no further action will be taken. I don't believe they will even consider holding an extradition hearing under those circumstances. Now a refusal to try or to extradite Griffiths will undoubtedly place the Prosecution in a difficult position because it makes their case unsafe and they would be under very strong pressure to drop all charges against the pair for abduction and murder. And there will be those in Cebu - and elsewhere - who will seek to make political capital out of the UK's decision. There was a widely publicized proposal, made shortly after Ellah Joy's death, whereby all foreigners would have to register with their Barangay, be issued with ID and be required to seek permission from the Barangay Captain for all journeys out of the Barangay; thereby restricting and controlling foreigner movements. Almost a form of house-arrest. That proposal may well be adopted, most likely on Cebu, as a means of retaliation. But diplomatically, the Philippines needs to remain very friendly with the UK so unlikely to be any fall-out. Mark

I very seriously doubt that this will pass for the BI (Bureau Of Immigration) would need to sign off on it. We are all currently registered hence the ACR-I card. We all need Emigration Clearance in order to depart the RP and if there was a problem, a hold departure order would be on our account. Since the gentleman from the UK was able to depart, that means there was no credible evidence against him or else he would have been flagged at NAIA.

[Mr Lee]

Since the gentleman from the UK was able to depart, that means there was no credible evidence against him or else he would have been flagged at NAIA.

I believe that he left before being charged. This has been a long drawn out case and another couple was charged at first and because of video footage of them being in the Waterfront Hotel at the time of the crime, they were finally released.

[Markham]

I very seriously doubt that this will pass for the BI (Bureau Of Immigration) would need to sign off on it. We are all currently registered hence the ACR-I card. We all need Emigration Clearance in order to depart the RP and if there was a problem, a hold departure order would be on our account. Since the gentleman from the UK was able to depart, that means there was no credible evidence against him or else he would have been flagged at NAIA.

There are a few misapprehensions on your part:

• ACR-I cards are only required for Visitors who have been in the Philippines for more than 59 days continuously and for those with Residents', Work or Student Visas. Those on Balikbayan Privileges are currently not required to register for ACR-I cards.
• Exit Clearance Certificates are required by permanent residents and visitors who have been in the Philippines continuously for 6 months or more.
• Griffiths did leave the Philippines long before he was even named as a suspect - from Cebu via Singapore I believe. Nothing suspicious about that as it's a route he's used many times over the last four-plus years,

But your point about the lack of credible evidence is, I believe, absolutely right. Mark