Court Clears Bella

[Methersgate]

A very nasty op-ed. No mention of the complete absence of DNA in Santos' Pajero, etc etc.

[robert k]

At this point, who can the police use as witnesses? To try to get statements from someone who is not already tainted after a period of three years? I'm sure they can find someone, but would they be credible enough to proceed with? What judge would cooperate with such a high likelyhood of getting egg on their face from yet another witch hunt? With Griffiths not cleared, how many foreigners are they allowed to arrest for the same crime they accuse him of committing? At this point I see no reason to believe that Ella Joy was taken by a couple in a Pajero, it could be that some couple was there to pick up their daughter in their Pajero and someone later mistook that girl for Ella Joy. Maybe the trail was crap from the beginning.  

[Methersgate]

At this point, who can the police use as witnesses? To try to get statements from someone who is not already tainted after a period of three years? I'm sure they can find someone, but would they be credible enough to proceed with? What judge would cooperate with such a high likelyhood of getting egg on their face from yet another witch hunt? With Griffiths not cleared, how many foreigners are they allowed to arrest for the same crime they accuse him of committing? At this point I see no reason to believe that Ella Joy was taken by a couple in a Pajero, it could be that some couple was there to pick up their daughter in their Pajero and someone later mistook that girl for Ella Joy. Maybe the trail was crap from the beginning.  

I am quite sure about that. I think a false trail was laid from the outset. There is no reason to assume that any foreigner/Filipina couple had anything to do with it, but it suited Gwen Garcia to whip up anti-foreign sentiment (never a hard thing to do!)

Post no.8 in this thread will repay careful reading.

 

Edited October 12, 2014 by Methersgate

[MikeB]

I wonder how lawyer-columnist Malilong would feel if he had his picture plastered all over the local, national, and international news as a child-murderer, was falsely accused of possessing child pornography, was arrested and jailed for 18 months on the basis of a single child witness, tampered evidence, and "smells, visions, and dreams". He expresses regret that Santos was cleared because now there would be no justice for the child, and others in yesterday's paper had similar sentiments. The fact that this person and other innocent people were almost framed for a heinous crime they had nothing to do with doesn't seem to enter into it - as long as someone pays there will at least be justice for the child. That's a very scary thought. lf this case doesn't give you heebie-jeebies about the Philippine justice system nothing will.

[Markham]

I am quite sure about that. I think a false trail was laid from the outset. There is no reason to assume that any foreigner/Filipina couple had anything to do with it, but it suited Gwen Garcia to whip up anti-foreign sentiment

Of course a false trail was laid from the very start. Ponder on this point: neither Renante Pique nor his wife Ligaya reported their daughter's claimed disappearance until 8am the day after she supposedly went missing. Imagine you are a parent of a six year old little girl who failed to come home after school; would you wait 16 hours before alerting the authorities? You might delay an hour or two but you'd be on the phone or on your way to the Police Station by 6pm at the latest, wouldn't you? So why did the Piques go against human nature and wait so long before alerting the Police?

 

I am British and I know for a certain fact that if a member of the immediate family is reported missing to the Police, the very first people to be interviewed - and its often quite a hostile interview - are members of the family. And the Police will search the house and grounds for clues. If that person remains missing for more than a few days, the Police will likely dig-up your garden. Why the initial concentration on the immediate family? For the very simple reason that statistically - over 65% - of cases a close family member (or a close friend) is implicated in the disappearance or death. Therefore the British Police along with their counterparts in the US, Canada, Australia and western Europe (among others) always concentrate their initial efforts on the "victim's" family and gradually move the net out to encompass friends and acquaintances.

 

So many Police forces follow that protocol but not so the Philippine Police and certainly not those working in Cebu three years ago. The official stance appears to be that kidnap and murder of a child is too horrific a crime to be committed by any 'peace and family-loving Filipino', it has to be a crime committed by a foreigner. That is a viewpoint former Governor Gwen and SunStar commentator Malilong appears to share and publicise. But Ellah Joy was never kidnapped from outside her school - she walked home with Algen, her best friend. That best friend incidentally, is the younger sister of the very first witness in the trial and she was due to give evidence but after seeing how easily Defence Counsel destroyed the elder sibling's testimony and the surgical precision they used to destroy other witnesses' credibility, little Algen, supported by her parents, refused to give her testimony.

 

The other eight witnesses will be very unhappy with the Judge's decision. They had hoped to receive a share of over a million Pesos in reward bounty - a cool 125,000, give or take.

 

One unusual factor of this case is the insistence - by Pique - that the prosecution of the case in court be conducted by private lawyers acting on behalf of the Piques and PNP and who I suspect hid certain facts from the State Prosecutors. One of the prosecution witnesses was "outed" in court by Defence lawyers as a person with a criminal record of drug and firearm offences. Had the State known about that witnesses' past, they would not have allowed him to be on the roster as those with past convictions are deemed to be unreliable witnesses. It quickly became clear to us that certain lawyers were making a serious attempt to pervert the course of justice in order to secure a conviction of otherwise innocent people. One of those private lawyers - and the worst offender - is already facing the possibility of disbarment over his behaviour in another unrelated case.

 

Please remember that the Judge has only dismissed the case against Bella Santos. As Ian Griffiths has not been formerly arraigned in a Philippine Court, he was not on trial and therefore the Judge's verdict does not apply to him. He remains accused of Ellah Joy's kidnap and murder. However the Defence team are confident that, one way or another, the charges against Ian will be dismissed, the Interpol Red Notice will be lifted and BoI watch notices cancelled. But it will take time and more money.

Edited October 13, 2014 by Markham

[Methersgate]

Thank you for that very informative report, Mark.

By the way, I can no longer access this:

 

 

http://www.sunstar.com.ph/cebu/local-news/2014/10/11/bella-ruby-s-acquittal-perfect-order-370551

Has this page been taken down?

[Jollygoodfellow]

Thank you for that very informative report, Mark.

By the way, I can no longer access this:

 

 

http://www.sunstar.com.ph/cebu/local-news/2014/10/11/bella-ruby-s-acquittal-perfect-order-370551

Has this page been taken down?

 

 

I fixed the link but the site says, You are not authorized to access this page.

[Methersgate]

I fixed the link but the site says, You are not authorized to access this page.

Maybe the SunStar are having second thoughts. I would like to think so.

[Markham]

Thank you for that very informative report, Mark.

By the way, I can no longer access this:

 

 

http://www.sunstar.com.ph/cebu/local-news/2014/10/11/bella-ruby-s-acquittal-perfect-order-370551

Has this page been taken down?

 

 

 

 

Thank you for that very informative report, Mark.

By the way, I can no longer access this:

 

 

http://www.sunstar.com.ph/cebu/local-news/2014/10/11/bella-ruby-s-acquittal-perfect-order-370551

Has this page been taken down?

 

 

I fixed the link but the site says, You are not authorized to access this page.

 

That news article can be read here, in the body of Mike's post. It is probably just as well that it has been taken down as it is factually incorrect. The article states "But it relied mainly on the testimony of a grade 6 pupil, who claimed seeing Pique’s “actual abduction.” But Veloso, in her 17-page order, said she was not convinced that the child’s testimony was reliable. The boy had also testified against Norwegian national Sven Erik Berger and fiancée Karen Esdrelon, the first couple charged with the crime with but was later cleared of charges." There was no boy witness and none of the child witnesses for the Berger/Esdrelon case gave evidence in this case. The journalist is clearly confused. The only child witness to give evidence in Court was Angie Bautista whose six year old sister was Ellah Joy's classmate and close friend. Also the charges were never dropped against Berger and Esdrelon; the State released the pair due to an insufficiency of evidence against them. The Provincial Prosecutor most certainly has the option of re-introducing their case at Court but she would need to negotiate with the Norwegians to have the couple returned to Cebu for trial - there being no extradition treaty. And I suggest Hell has a greater chance of a snowfall this Christmas; the Norwegians are most unlikely to co-operate, given the circumstances.

 

The article may have been pulled since it doesn't fit well with the SunStar's stance of maintaining that Griffiths and Santos are guilty. The party line has not been toed.

Edited October 13, 2014 by Markham

[happypig2000]

Horrible and sad case, anyone who would ever think to harm an innocent child should pay in kind, hope and pray that the person/persons are found