Ellah Joy Case - Update

[Garpo]

Have to agree that this seems a bit strange. I would really like to read the prosecutions response and reason why they are not providing the information (I mean the exact wording of their response and not somebodies interpretation). I would also think that it would not be difficult to get the judge to sign an order than that the items must be provided to the defense so that they can do their own DNA testing.

Does the defense team feel that the judge is making bad ruling or not making any rulings at all?

Edited June 27, 2012 by Garpo

[Steve & Myrlita]

The defense should file a discovery motion.

[Markham]

Have to agree that this seems a bit strange. I would really like to read the prosecutions response and reason why they are not providing the information (I mean the exact wording of their response and not somebodies interpretation).

It is up to the prosecution to release such a document however the reason it gives is contained within the defence's discovery motion I provided above.

I would also think that it would not be difficult to get the judge to sign an order than that the items must be provided to the defense so that they can do their own DNA testing.

It is entirely possible that the samples used are no longer usable and indeed may be contaminated - or maybe no longer exist. And even if tested, the prosecution would likely contest the result for any number of reasons.

You should bear in mind that the prosecution has been holding the DNA result since the middle of April last year like a sword of Damacles. Having claimed that the DNA tests would prove unequivocally that Ellah Joy rode in Bella Santos' Pajero and was murdered in her home before the results were leaked, because releasing them rather proves the opposite, there'd be a considerable loss of face. Not to mention collateral damage to the prosecution's entire case.

Does the defense team feel that the judge is making bad ruling or not making any rulings at all?

See my answer below.

The defense should file a discovery motion.

The Defence has filed numerous Motions regarding the discovery of the DNA test results but so far, no definitive ruling has been made. The Judge recently instructed the Defence team to make a formal written request (as if it hadn't already done so numerous times!) and should there continue to be inaction on the part of the prosecution, she would make a formal ruling.

What the prosecution seemingly fails to understand is that this is playing very strongly into Ian Griffith's hands. Should there ever be a request made for his extradition, this failure to divulge the test results gives his London lawyers yet another reason to demonstrate to the investigating Judge that Griffiths would not receive a fair trial. Withholding of vital evidence - even if it benefits the other side - is heavily frowned upon and contrary to the Rules of Court. And Britain does not extradite unless it can be absolutely certain its citizen(s) will be tried both swiftly and fairly. Neither would be the situation here.

[Jollygoodfellow]

The sad part of all this is a little girl is killed; no matter if its in the Philippines or anywhere in the world its still a sad state of affairs. There is a part of society that shits me off that they even exist; that part is those who are capable of such a crime.

In this case in my opinion its all most certain no one will ever be held responsible for the crime. Even if they were it would be always questionable of guilt or innocence.

Why these things happen I never will know, how could anyone harm a child.

Sorry hijacking the thread but when l think about what happened to her and many others it just churns me up. :SugarwareZ-034:

[Mike S]

I agree JGF ...... it is really a shame that they can screw things up so bad here in the Philippines that more criminals go free or unpunished than anywhere else I can think of .... just look at the Alabang Boys ..... 4 got off scott free because of a piece of paperwork that wasn't completed and the police were so excited to show the news media what the had done that they completely blew the case ..... sadly the news media didn't cover much of that part of the story ..... was it negligence or perhaps something else??????? .... as usual here in the Philippines we will never know for sure .....

And I'm afraid this case is also FUBAR as far as ever finding the real culprits ..... but as always picture .. picture takes presidence over actually taking their time and finding the REAL killers ... gotta smile and point for the news media ...... IMHO

[Markham]

Have to agree that this seems a bit strange. I would really like to read the prosecutions response and reason why they are not providing the information (I mean the exact wording of their response and not somebodies interpretation). I would also think that it would not be difficult to get the judge to sign an order than that the items must be provided to the defense so that they can do their own DNA testing.

Does the defense team feel that the judge is making bad ruling or not making any rulings at all?

As you believe that both the prosecution and defense are spinning for their own advantage which causes you to disbelieve either sides' accounts, here's what the Judge said regarding the DNA test results, in open court on April 23 (extracted from the Court Transcript):

Before you utilise the power of the Court for subpoenas, I suggest you go first, do not let the Court do for you. You go first to RCLO7 and if there is refusal have it put in writing and the Court will act accordingly. The Court believes you are entitled to a copy of that because the defense is entitled of every piece of evidence that the prosecution has. Okay?

I would add that the prosecution witness examined on that day was Dr Nestor Sator who heads Regional Crime Laboratory Office, Region 7 (RCLO7) and also performed the post-mortem examination of Ellah Joy and authorised the subsequent DNA tests. He was supposed to have taken the DNA test results to court with him but didn't and claimed, under oath, he didn't have any knowledge of them.

A written application was then made to RCLO7 which was answered by letter by the State Prosecutor and basically refused to disclose the test results. Hence the defence has since filed a(nother) Motion calling on the Judge to issue a subpoena which, given her remarks, they are confident she will now do.