Interpol Lists Griffiths, Asks Police To Prepare Extradition

[Mr Lee]

I guess we are going to see how his country reacts to this request. Ian Charles Griffiths, the British national who is one of two suspects in the kidnap-murder of 6-year-old Ellah Joy Pique, is now in the Interpol Red Notice list.The Philippine Center on Transnational Crime (PCTC) directed the Cebu Provincial Police Office director to process the papers for Griffiths' extradition to the Philippines. “Prepare his extradition papers and request for provisional arrest to be sent to United Kingdom through the Department of Justice (DOJ),” said Director Felizardo Serapio, executive director of PCTC.Griffiths and his Cebuana partner Bella Ruby Santos are facing kidnapping with homicide charges in relation to Ellah Joy's death. However, Cebu Provincial Prosecutor Pepita Jane Petralba, said the DOJ has yet to finish processing the government-to-government request to send Griffiths to Cebu. Petralba along with lawyers of the Children's Legal Bureau (CLB), Criminal Investigation and Detection Group (CIDG) 7, and public prosecutors convened to discuss the case.Complete story HERE

[Markham]

All that has been done is a "Red Notice" has been issued. "Red Notices" are simply notifications that an individual is sought internationally by the Police of another jurisdiction for an offence allegedly committed in that jurisdiction. It is not an arrest warrant nor is it a request for someone to be arrested and the British Police do not pay heed to them in any case. So there's likely to be absolutely no reaction from "his country". You can view Ian Griffiths' "Red Notice" here - it's a public document. I'm not sure why the PNP waited so long to post this notice given that he was charged with the offences back in March. The PNP can not request his arrest, any decision regarding his freedom is a matter for the UK authorities alone. Since the PNP failed to provide any evidence that he had committed any crime during the 12 weeks he was on Police Bail, he can not now be re-arrested unless the Police intend to charge him with the offence within 36 hours of his arrest. However, if a mutual legal assistance request is made and accepted by the British Home Office, then Griffiths will be re-arrested and bailed to appear at a hearing - which could take several months before it even starts. The bail conditions will, I'm sure be the same as before, which amounted to no more than his passport being surrendered and no contact with his co-accused. It is entirely possible that Home Office counsel, who review the case prior to any hearing, decide to recommend a refusal should they decide that the evidence against him is too weak and not worth spending public money on any hearing proceedings. Under those circumstances, of course, he would be released from bail immediately. The Philippines is making quite a gamble because if the mutual legal assistance request fails then this would directly impact the case against Bella. Would the Philippines risk the backlash of staging a "show trial" because that's what it would amount to, given that Griffiths has been found non-culpable by the UK judiciary? I would hope not. Mark

[Garpo]

My guess is that the Philippine Government and prosecutors know what they are doing, if they have more evidence than what has been reported by the police then it would be much more than a show trial and could come back to bite the UK if it turns out that the UK was provided with evidence that has not been reported in the media and they still did not cooperate. That being said, I do have much more trust in the UK government than I do the Philippines.. Like I have said before. I am waiting for some official court hearing on actual evidence.

[Markham]

My guess is that the Philippine Government and prosecutors know what they are doing, if they have more evidence than what has been reported by the police then it would be much more than a show trial and could come back to bite the UK if it turns out that the UK was provided with evidence that has not been reported in the media and they still did not cooperate. That being said, I do have much more trust in the UK government than I do the Philippines.. Like I have said before. I am waiting for some official court hearing on actual evidence.

The PNP sent a fax to the Metropolitan Police, London, for assistance in apprehending Ian Griffiths whom they (the PNP) had charged with the offences of Abduction and Murder. Since English Law does not provide for cases of abduction abroad but does provide for murder committed abroad, Griffiths was arrested (under Section 9 of the Offences Against The Person Act). During his 12 week period of Police Bail, the Metropolitan Police twice asked the PNP to back-up their request with sufficient evidence with which to charge him. In reply, the PNP simply asked the Met (twice) to send Griffiths for trial in Cebu and did not send any documentary evidence to their London counterparts. After 12 weeks had elapsed, the Police could no longer justify continuing his bail, closed the case, returned his passport and wrote to the PNP. Upon learning of his arrest in early April, a Prosecutor was quick to announce that there is an extradition treaty between the UK and the Philippines (there isn't) and a request for Griffiths' extradition would shortly be made. It wasn't. And still hasn't been sent after over five months. On July 12, the PNP obtained arrest warrants for both Bella Santos and Ian Griffiths and claimed they had sent an electronic version of the warrant to the Met so that it could be acted upon immediately. Not only did they not send either an electronic version nor a paper version to London (and we would know from UK press if they had), but they didn't even bother seeking an Interpol "Red Notice" until last week either! And for another example of Prosecution cock-ups, they couldn't even file the correct charges against Bella Santos for the alleged possession of a CD cover! I am reminded of the famous line - "That's another fine mess you've got us into Stanley!". Mark

[Mr Lee]

Not only did they not send either an electronic version nor a paper version to London

All I can say is that those who hold UK passports, might find the Philippines no longer very friendly, if the UK refuses to cooperate whatever they reasons may be. The Philippine govt will likely retaliate in some way (what way would concern me if I was a UK passport holder), rather than lose face since murder of a child is something they will no doubt take very seriously, but that is just my opinion and I hope I am wrong. As for saying the Philippines never sent the papers, to me that seems to be a careless statement, IMO it would be OK to say the UK claims they never received such a request but making a statement such as that could be libelous and might get one deported from the Philippines if found to be untrue because it is tantamount to calling the Philippine govt liars.

[Garpo]

Is any of this information documented or is it also as reported by some media hack that normally could careless about the truth of what they write? As I have said before, we all seem to select what we want to believe from the media. The problem is that we are getting our information from media outlets that for me, either the Philippines or the UK, just can not be trusted as fact. I for one have never seen a reporter testify in a court of law that his or her story was a known fact, so I will wait for actual court hearings and witness statements and testimony. As wrong as everybody was about the first couple that was arrested and being guilty, the same could be just as wrong by claiming that these two are not guilty. What is clear is that there seems to be some problems between the PNP and the UK and if it becomes a bigger problem than it is, then Griffiths would have a very hard time getting a fair trial in the Philippines. It will be hard enough just being a foreigner, as most of us already know..

[Markham]

All I can say is that those who hold UK passports, might find the Philippines no longer very friendly, if the UK refuses to cooperate whatever they reasons may be. The Philippine govt will likely retaliate in some way (what way would concern me if I was a UK passport holder), rather than lose face since murder of a child is something they will no doubt take very seriously, but that is just my opinion and I hope I am wrong.

Lee - are you seriously suggesting that the British Government should waive due process and send Ian Griffiths for trial in Cebu to prevent any likelihood that the Philippine authorities retaliate against British citizens who are legally resident and not otherwise a problem? The UK Government is not concerned with the internal affairs of another sovereign state but will seek to protect its citizens from abuse. It is up to the Philippine Government to make a strong enough case, with real hard evidence, to persuade the Home Secretary that there is a case to answer. Please remember Lee, that the presumption of innocence is a basic human right enshrined in law both internationally (through the UN) and nationally - even if Prosecutors believe otherwise. The logical extension of what you're suggesting is that the UK Government should assume Griffiths is guilty because a few PNP officers and Prosecutors say he is. Having said all that, I actually suspect you may be right. The British Government will be blamed and there might be unjustified victimisation of UK Passport holders who may suddenly find that they can not obtain further extensions or whose residency visas are cancelled. Were any victimisation of UK nationals occur, I would hope that the Foreign Office would live up to its promise of protecting its citizens abroad and, if necessary, repatriate or move them to a place of safety. Those on Cebu are probably more at risk than those elsewhere in the country. I hope such never happens and equally I hope that the Home Office treat any mutual legal assistance request dispassionately and strictly in accordance with (in Griffiths' case) English law. Mark

[Garpo]

While I agree that some evidence should be presented in order to get Griffiths back to the Philippines, I disagree that it has to be a whole lot of evidence. Only enough evidence to show that a trial is warranted is all that should have to be provided to the UK. Even though I do not see any evidence that is real strong, I do feel that there is enough to warrant a trial in which a jury should be able to decide a verdict. I see no reason why the PNP should have to show their entire case just to get him to be held in the UK and brought back to the Philippines. I for one am just hoping to see a trial so that all evidence and information will be presented. I can understand why his lawyers would want to see as much evidence as possible as soon as possible. I just think that it is wise on the part of the PNP to not show their entire hand until they actually get him back in the Philippines. They should only have to present enough evidence to show that a trial is warranted. As stated and is also told to every jury before a trial even gets started, the defendant is presumed to be innocent until proven guilty. Lets get him back here and let a jury decide after any and all evidence is presented. As it stands right now all we are looking at is trial by media, and we all know how much they can be trusted.I don't care if it is the media in the UK or the Philippines, or anywhere else in the world. Let the people (jury) decide. If the case is in fact as weak as some have implied then I see no chance of a conviction. On the other hand, if they have more and better evidence than what has been released to the media then I say it is time to set a trial date so that the family and others can get some type of closure to this very, sad case.

[Jake]

I hate to burst your bubble Garpo but there is NO jury in the Philippine justice system.This link is an article from the head of DOJ, Secretary Leila de Lima explaining thecurrent status: http://forums.abs-cb...HILIPPINES.aspx It has been a lucrative business (under the table) for many corrupt judges, police officialsand the court of appeals to go for the highest bidder. Be it the plaintiff or defendant, itreally doesn't matter. Hard forensic evidence and many eye witnesses are irrelevant --only bribes, witnesses disappearing or paid is the standard operating procedure. Respectfully -- Jake

Edited October 21, 2011 by Jake
spill chek

[Garpo]

I hate to burst your bubble Garpo but there is NO jury in the Philippine justice system.This link is an article from the head of DOJ, Secretary Leila de Lima explaining thecurrent status: http://forums.abs-cb...HILIPPINES.aspx It has been a lucrative business (under the table) for many corrupt judges, police officialsand the court of appeals to go for the highest bidder. Be it the plaintiff or defendant, itreally doesn't matter. Hard forensic evidence and many eye witnesses are irrelevant --only bribes, witnesses disappearing or paid is the standard operating procedure. Respectfully -- Jake

I was not aware of that. Thanks for pointing that out to me Jake. As I have said before, I am no expert on the Phlippine criminal justice system and because I know it was set up like that of the US I just assumed that that had trial by jury.