The "ella Joy Pique Case" - An Update

[Jollygoodfellow]

So what happened after the objection was filed? 

[Markham]

So what happened after the objection was filed? 

 

The Judge has since denied the Prosecution's Motion for Reconsideration and it is now threatening to file motions requiring her to inhibit herself from continuing to preside over this case. In my view, the Prosecution are acting like spoilt kids. It has become very clear that the State Prosecutors have lost control over this case and allowed the private lawyers to run the case.

 

You may recall that the PNP asserted that Ellah Joy was abducted for the purposes of child pornography when they claimed to have found a CD cover showing images of children; however, at that time, the State Prosecutor decided against adding such a charge to the indictment as the Search Warrant made no mention of this as a possible offence. Now the private prosecutors are seeking to prove that the child was abducted for the purposes of child pornography and that would account for the missing 7 hours between her abduction and her death - a period of time the Judge has stated that the Prosecution can not account for. At least three of the Prosecution's new witnesses, including the Barangay Captain who witnessed search of Bella Santos' home, are to be called for this purpose.

[Daydreamer]

Back now... seems they are all chanting something about ''We are ALL George Zimmerman" or something like that.... So what was I saying before the shouting and chanting started?? Oh hell, forget it. Can't be as important as that ruckus about that George Zimmerman being falsely accused....

 

:hystery: :hystery: :hystery: :hystery: :hystery:

[Markham]

Elsewhere Mike S asked for an update.

 

Bella Ruby was released on bail last year but the case has slowed-down and prosecution continues to be "in the driving seat". Private prosecution lawyers threatened to appeal Bella's release and also attempted to force the Judge to step down but neither happened. The latest information is that the prosecution is looking for further witnesses to prove Ian's and Bella's guilt and in the meantime are fielding SOCO photographers and crime lab personnel. They know that when they rest their case, the defence is almost bound to file motions for dismissal and that's not acceptable to the prosecution.

 

And, of course, there's been absolutely no attempt by the prosecutor to obtain Ian Griffiths' extradition from England.

[Mike S]

Elsewhere Mike S asked for an update.

 

Bella Ruby was released on bail last year but the case has slowed-down and prosecution continues to be "in the driving seat". Private prosecution lawyers threatened to appeal Bella's release and also attempted to force the Judge to step down but neither happened. The latest information is that the prosecution is looking for further witnesses to prove Ian's and Bella's guilt and in the meantime are fielding SOCO photographers and crime lab personnel. They know that when they rest their case, the defence is almost bound to file motions for dismissal and that's not acceptable to the prosecution.

 

And, of course, there's been absolutely no attempt by the prosecutor to obtain Ian Griffiths' extradition from England.

 

Thank you sir .... I had no idea she was out .... I was wondering just how far some Filipinos would go to "save face" and now I know ..... right into the realm of ridiculous ..... course I realize that they lost face the first time and now again ..... I'm sure they can fabricate a witness from some where to say they saw them do it ..... but wait they already tried that and it didn't work .... time to start looking for another foreigner and try to pin it on them .... may have better luck next time .... and in the mean time the REAL killer gets further and further away ..... but then maybe that is the plan ..... JMHO 

:cheersty:

[Dave Hounddriver]

in the mean time the REAL killer gets further and further away

Speculation in the beginning was that the REAL killer is a close family member so they may not be going further away, just resting easier.

[MikeB]

Taken from the defense petition in post #10.

It is Atty. Dela Cerna who controls the prosecution and its team in contrast with the rules on criminal procedure.

I thought dela Cerna was a private attorney hired by the Pique family. How can he be the chief prosecution lawyer? 

[MikeB]

NVM, found the answer.

"Although the (public) prosecutor has direct control in prosecuting all criminal actions, private prosecutors are also allowed once they get approval from the Chief State Prosecutor (CSP) or a Regional State Prosecutor (RSP) (Revised Rules of Criminal Procedure, rule 110, section 5). Once given permission, a private law practitioner can act either as lead prosecutor or assistant prosecutor. This authority will last until the trial is completed, unless it is revoked."

http://www.article2.org/mainfile.php/0701/307/

[Mike S]

Just another fine example of the justice system here in the Phils ..... hummmmmm .... did I just say SYSTEM ..... my bad ..... :hystery: :hystery: :hystery: :hystery:

:cheersty:

[Markham]

The end to this sorry saga may be in sight.

 

At the start of the year, the Prosecution had two further witnesses remaining on its latest rosta. One was a PNP officer who was present at at Bella Ruby's home at the time it was searched and his testimony was likely to have been non-controversial and procedural in nature. I suspect the Prosecution was hoping that he might add weight to its contention that Ellah Joy was abducted for pornographic reasons. He didn't show-up nor did Ellah Joy's classmate and close friend, the younger sister of the Prosecution's very first witness. This child should have given evidence as part of the Bail Hearing but after she and her parents saw the effect of the grilling her elder sister endured and whose lack of credibility as a witness was clearly proven, she (the younger sibling) told prosecutors she didn't want to give evidence and effectively withdrew her testimony. She was, however, persuaded to change her mind - probably by her parents who had their eye on a goodly share of the reward monies - but in the event she didn't show up in Court.

 

As no reasons were forthcoming for their absence at the hearing on March 10, the Judge ruled that the trial would continue without them and that no further prosecution witnesses could be called. The prosecutors requested that a USB thumbdrive be examined by the Court and asserted that it contained pictures of young children and thus would demonstrate the defendants' proclivities.

 

Only State Prosecutor Abarca showed up for the hearing during which the USB thumbdrive was examined. The Judge said that she had spent the weekend examining the thumbdrive in detail and concluded that it contained nothing pornographic or illegal. She did note, however, that there were quite a number of 2x2 ID photos of school children which was to be expected as the thumbdrive belonged to a photographer who'd recently taken ID photos for a school and had left the device in Bella's home by mistake. The Prosecution undertook to submit its motion for the admission of its exhibits within 15 days.

 

That deadline expired on April 9 and the prosecution team failed to a man (and woman) to put in an appearance at the most recent hearing on April 16. Not only was there no prosecutor present but it had also failed to file its exhibits motion and anticipating this, the Defence had prepared a motion of exclusion for those exhibits which it then filed with the Court. The Judge issued an order requiring the Prosecution to file its answer and comments on the Exclusion Order petitioned by the Defence within 5 days.

 

The Defence is now preparing a Demurrer which it plans to file shortly. This is likely to call for the dismissal of all charges against Bella Ruby and Ian Griffiths and for a verdict of Not Guilty to be recorded. However there does remain the issue of the Interpol "Red Notice" which the PNP requested in respect of Ian Griffiths. I suspect that will require a set of court proceedings of its own to order its removal.

 

There appears to be no reaction thus far from the Cebu Police and CIDG-7 in particular. Will it wish to re-open the investigation and will it be "open season" on foreigners living with Filipino partners on Cebu? Unlikely, I think even though I am very sure her parents, particularly her father, will wish it to be so.

Edited April 20, 2014 by Markham