Markham Posted October 11, 2011 Posted October 11, 2011 (edited) This says a lot about her lawyer. Why would her lawyer allow her to ever talk to the media or the police? It still shocks me to no end everytime I watch the news and see arrested people talking to the media from the police station. Maybe her lawyer forgot to tell her not to talk to anybody or maybe she is just to hard headed and stupid and ignored his advice. She had to be gettng money form somebody and all sign point to Griffith who needs to keep on her good side so that she does not decide to cut a deal and testify against him. The way I see it, if her lawyer has any sense at all then he is going to start making her a victim of the rich foreigner that alot of people in the Philippines like to hate and especially the ones that commit crimes against their children. If I was her lawyer then I would start to distance her from Griffiths as much as possible. She may have a chance at trial if she goes it on her own. If she goes to trial side by side with Griffiths then in my opinion she is toast just like him. If I was Griffiths I would be very, very worried. If she does turn on him and he ends up being brought back to the Philippines then I would say his life expectancy would be very short. I say all of this based on the posiblity that the police may actually have the right suspects this time. I am by no means trying to say that I have seen or read of any evidence that Santos and Griffiths are guilty. For the sack of justice I do however hope that they have it right this time. As far as Mark saying that no request has been made for the arrest or extradition of Griffiths. I would also guess that sense he is not in custody anywhere that the Philippine government and also the government in England would not make this information public in fear of Griffiths fleeing. They will make this type of information public after they have him in custody to avoid looking any more stupid than they already have. There are several points here that need to be addressed. Firstly, Bella Santos was paraded in front of the press both in Manila and upon her arrival at the NBI's offices at Capitol Site. As I understand it, neither her lawyer in Manila (Ana Crystal) nor her Cebuan lawyer, Rameses Villagonzalo, were given access on either occasion. As for money, remember that she sold her car and her house for P6 million. As for Griffiths, the moment the British Government receives and accepts an extradition request, he would be re-arrested immediately. Since he is of good character and has absolutely no criminal record - and since searches of his properties yielded nothing that could be used against him - he would likely be granted Police Bail as before and be required to surrender his passport. But before that could happen, all the evidence against him would be reviewed. And remember, there is no extradition treaty between the UK and the Philippines. The absence of an extradition treaty means that the UK is not legally obliged to entertain an request for extradition. Since the RP authorities failed to provide the Metropolitan Police with sufficient evidence - and they had over 12 weeks to do so - the chances of the request being accepted for consideration are very remote.There is something else you may not be aware of. Interpol Arrest Warrants are more formally known as "Red Notices" and they are public documents. However the UK Police do not recognize them even though the UK is a member of Interpol. Mark Edited October 11, 2011 by Markham 1 Link to comment Share on other sites More sharing options...
Garpo Posted October 11, 2011 Posted October 11, 2011 I am affraid that we all are baseing our opinion on media reports that may or may not be true or trusted. I am just in hopes that at least one of these two will end up going to trial so that there will actually be a record of what evidence has been obtained. While not much if any has been reported by the media, in my experience it is only smart on the part of the police to not release information to the media about what evidence they may or may not have. The Phiipppine Government certainly has no obligation to provide any information to Griffiths at this time. If and when he is arrested then that will all change and information will then have to be provided to Griffiths. It does not matter when and where Santos was paraded in front of the media. Her lawyers should have told her along time ago not to make any statements to anybody. Police, media, friends, and family members included. So I still maintain that they either are not doing a very good job or she has elected to ignore their advice and is making statements that she wants to make. The problem she has is that she in now in jail and Griffiths is not. I do not see much chance of her getting out or him going in unless of course she is to make some type of deal and puts the blame on him. If she were to give some type of confession and implicate Griffiths then I do not see how he can continue to hide behind the wall of the UK Government. I do however agree that there certainly has not been enough information or evidence provided that would want the UK Goverment to elect to give him over or even try him in the UK. I still say that if I were him that I would be very, very worried at this point. If he is in fact not involved then maybe he should start doing what the first couple did and that was to prove that they were not the correct suspects. Link to comment Share on other sites More sharing options...
Markham Posted October 11, 2011 Posted October 11, 2011 There seems to be a misconception - especially among some Filipino lawyers - that extradition is a quick, easy and pain-free undertaking. It is not. It is very expensive for the requesting nation because they (ie RP) have to pay for absolutely everything connected with the process - including their lawyers' fees and the Judges' stipends. There is no charge on the British tax-payer for any of this. It could also be a very lengthy process as Griffiths would be entitled to several appeal stages - and if the RP loses at any stage they could also find themselves having to pay his legal bills as well. Just as an example: there is currently an extradition process under way in respect of Gary McKinnon whom the US Federal Prosecutors want extradited from the UK to face charges of hacking into Department of Defense computers. That process started in 2006 and has been through all the appeal stages and the final decision rests with the Home Secretary, It has been on the Home Secretary's desk for almost 2 years and still no decision has been made. The estimated cost to the US tax-payer is around $5M. And that, you might be surprised to learn, is where there is a fast-track extradition procedure as there is between the US and UK (ever since 9/11). Another misconception is that the Philippines is entitled to try Griffiths under International Law and has been stated as such by one of the CLB lawyers. That would be true but for the fact that, International law only applies in cases where the laws of the country in which the accused is living do not contain provisions for a "home" trial. As Griffiths has been charged with murder, the British Government has every right to try him in an English court - provided the evidence supports it - because the 1861 Offences Against The Person Act specifically provides for that. That would very likely be a barrier to his extradition. Mark Link to comment Share on other sites More sharing options...
Markham Posted October 11, 2011 Posted October 11, 2011 I am affraid that we all are baseing our opinion on media reports that may or may not be true or trusted. I am just in hopes that at least one of these two will end up going to trial so that there will actually be a record of what evidence has been obtained. While not much if any has been reported by the media, in my experience it is only smart on the part of the police to not release information to the media about what evidence they may or may not have. The Phiipppine Government certainly has no obligation to provide any information to Griffiths at this time. If and when he is arrested then that will all change and information will then have to be provided to Griffiths. Yes they do have that obligation as he has been charged with offences. It does not matter when and where Santos was paraded in front of the media. Her lawyers should have told her along time ago not to make any statements to anybody. Police, media, friends, and family members included. So I still maintain that they either are not doing a very good job or she has elected to ignore their advice and is making statements that she wants to make. I suggest her statements were twisted and taken out of context. Mark Link to comment Share on other sites More sharing options...
Candyman Posted October 11, 2011 Author Posted October 11, 2011 Interpol ‘joins’ hunt for British national suspect in Ella Joy caseTuesday, October 11, 2011CEBU CITY -- With the capture of Bella Ruby Santos, the Cebu Provincial Anti-Criminality Task Force now has its eyes on her boyfriend, British national Ian Charles Griffiths, who is in the United Kingdom.Santos and Griffiths are the suspects in the abduction and murder of six-year-old Ellah Joy Pique last February.Governor Gwen Garcia said the International Police (Interpol) is coordinating with the task force.“They (Interpol) are on the case, especially on the whereabouts of Griffiths,” Garcia said.According to reports, the 51-year-old Griffiths left the country before authorities could file a case against him.‘In the loop’“Really, it shows that, with impunity, they are trying to evade the law. Di man na mahimo (You cannot do that). If you are innocent, why hide from authorities?” the governor said.NBI agents arrested Santos at the SM MegaMall in Metro Manila last Friday, more than two months after she disappeared when a warrant for her arrest was issued.“I commend the NBI (National Bureau of Investigation) personnel, with (Special Investigator) Arnel Pura,” Garcia said during a press conference Monday, after visiting NBI Central Visayas Director Edward Villarta and Cebu Provincial Police Office Director Patrocinio Comendador.“Society is governed by law. Law must prevail in order to secure justice. My heart bled for Ellah Joy,” she said.She said the NBI regularly informs her of Griffiths’ whereabouts.The London Evening Standard reported that UK authorities arrested Griffiths last April in connection with the Pique case.ValidationUnder an 1861 UK law, a Briton accused of murder or manslaughter abroad can be tried at home.Griffiths later posted bail.According to the paper, Griffiths is believed to be in Southampton, 120 kilometers southwest of London.The governor said a task force subcommittee is validating the “authenticity” of the informant, who tipped off the NBI about Santos’s whereabouts.Only then can they turn over the P350,000 cash reward to the informant, she said.In a related development, Santos arrived at the NBI Central Visayas office Monday afternoon.The agency will present her to the governor and task force members today, Tuesday, before they return her arrest warrant to the court. (OCP of Sun.Star Cebu)Published in the Sun.Star Cebu newspaper on October 11, 2011.Full Story here : http://www.sunstar.c...joy-case-184372 Link to comment Share on other sites More sharing options...
Garpo Posted October 11, 2011 Posted October 11, 2011 I am affraid that we all are baseing our opinion on media reports that may or may not be true or trusted. I am just in hopes that at least one of these two will end up going to trial so that there will actually be a record of what evidence has been obtained. While not much if any has been reported by the media, in my experience it is only smart on the part of the police to not release information to the media about what evidence they may or may not have. The Phiipppine Government certainly has no obligation to provide any information to Griffiths at this time. If and when he is arrested then that will all change and information will then have to be provided to Griffiths. Yes they do have that obligation as he has been charged with offences. It does not matter when and where Santos was paraded in front of the media. Her lawyers should have told her along time ago not to make any statements to anybody. Police, media, friends, and family members included. So I still maintain that they either are not doing a very good job or she has elected to ignore their advice and is making statements that she wants to make. I suggest her statements were twisted and taken out of context. Mark That is the problem Mark. It is what I have been trying to say here and not get into a debate with you. We can all suggest what ever we want too and many of have done just that. If and when we are able to obtain the facts then I would suspect that most of us will pretty much be in agreement. I know that I certainly agree with much of what you have writtien about this tragic case. Link to comment Share on other sites More sharing options...
Jollygoodfellow Posted October 11, 2011 Posted October 11, 2011 Interesting, the tipster in Cebu knew the exact location she was shopping, so that would have to mean they were in communications, so could it be a relative turned her in for the money? Hmmm Wouldn't that be a kick in the arse if her mother turned her in for the reward. Could it be that she had her mother turn her in for the reward, thus having more money to defend herself? Or maybe just another case where money is the most important thing in life? I guess we may never know, but then again we may. :wt-hell: The tipster said Santos was in Forever 21, a fashion store, buying assorted clothes. With Santos’ arrest is expected a reward of P600,000, which was announced last month by the Cebu provincial government for information leading to her capture on top of a P50,000 reward pooled together by the Cebu police. Mystery tipster in Cebu exposed Bella’s shopping trip Since there are lots of assumptions and theories on how she was caught,its my turn to throw one in. She was sick of being on the run so conspired with a family member or friend to turn her in so that person could collect the reward which they will share once the whole thing is thrown out of court.Hows that?????? :o 1 Link to comment Share on other sites More sharing options...
Forum Support Old55 Posted October 11, 2011 Forum Support Posted October 11, 2011 Maybe "they" just used the GPS off her cell phone to track her down. 1 Link to comment Share on other sites More sharing options...
Candyman Posted October 11, 2011 Author Posted October 11, 2011 Since there are lots of assumptions and theories on how she was caught,its my turn to throw one in. She was sick of being on the run so conspired with a family member or friend to turn her in so that person could collect the reward which they will share once the whole thing is thrown out of court.Hows that?????? :) There could well be a lot of truth in this as well. Also, it seems to me, that the tipster, was more than likely with her in the Mall, because otherwise, how did the cops know the exact shop she was in ? Also it seems a big coincidence that not one but two NBI agents were in the Mall. Another thing, Bella looks totally different with the short hair, loss of weight and tattoos from what the earlier photos were, and I for one, would have missed her entirely if she had been right in front of me ! Link to comment Share on other sites More sharing options...
Candyman Posted October 11, 2011 Author Posted October 11, 2011 Defense’s motions moot, academic, says Judge VelosoBy Gerome M. DalipeTuesday, October 11, 2011LAWYERS of Bella Ruby Santos yesterday formally asked Regional Trial Court Branch 6 Judge Ester Veloso to review her order, denying their motion to drop the kidnapping with homicide case against Santos and her British boyfriend Ian Charles Griffiths and to recall the warrants against the two.“The accused hereby file this motion for reconsideration on the ground that the resolution of this court is contrary to law, facts, and jurisprudence. Both accused are not satisfied with said order,” the pleading signed by lawyers Lyndon Maceren and Ronel Ubod read.Another defense counsel, Rameses Villagonzalo, said Santos may not be arraigned until the court resolves their motion.But the judge said the defense filed an omnibus motion for judicial determination of probable cause, instead of filing a motion for reconsideration on the order for issuance of an arrest warrant.Timing“The motions are moot and academic,” she said.The defense said the court failed to take into consideration that the accused received the order for their arrest only after they filed their omnibus motion.The omnibus motion was reportedly filed on July 12 at 3:12 p.m. and the copy of the arrest order was received at 3:30 p.m.The defense said it was impossible for the accused to challenge the court’s order finding probable cause for the issuance of an arrest warrant against them.“The honorable court should have resolved the omnibus motion on its merits and not on a mere perceived technicality for being moot and academic,” the lawyers said.They also asked Veloso to inhibit herself from trying the case if she “fails to scrutinize the merits” of their omnibus motion.Subpoenas soughtThey want the court to issue a subpoena, requiring the Regional Crime Laboratory and Dr. Nestor Sator to furnish them with a copy of the results of the DNA test conducted on the bed sheets and vehicle that allegedly contained Pique’s blood. Both items were seized from Santos’s house in the City of Naga, Cebu.They also want a separate subpoena issued against Supt. Louie Oppus, head of Task Force Ellah Joy, requiring him to furnish them with a copy of the official communication from Andrew Chalmers, detective inspector of the United Kingdom’s Homicide and Serious Crime Command, who confirmed that Griffiths was released after posting bail last June 28.Published in the Sun.Star Cebu newspaper on October 11, 2011.Full Story Here ; http://www.sunstar.c...e-veloso-184381 Link to comment Share on other sites More sharing options...
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