Provincial prosecutor's office: Drop charges vs. Norwegian, Pinay

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office yesterday recommended the dismissal of the kidnapping with homicide complaint filed against a Norwegian national and his Filipina girlfriend as the evidence against them are insufficient to indict them of the crime charged.

The prosecutor’s office further recommended the release of Sven Eric Berger and Karen Castro Esdrelon from the custody of the Cebu Provincial Police Office.

“We are so happy that finally the complaint against us is dismissed. We are confident from the very start that this complaint will be dismissed. We are innocent,” said Esdrelon, who is a nurse.

Berger, who is Esdrelon’s fiancé, said that he is overwhelmed and so gratefully happy now that the complaint is dismissed.

Esdrelon and Berger said that they are thinking of filing a case against the policemen, who wrongfully accused them.

Despite what happened, Esdrelon said their marriage will push through either this November or on June next year.

Esdrelon and Berger, were held in detention for 16 days after they were accused of kidnapping killing six-year-old Ellah Joy Pique last February 8.

The 11-page resolution stated that all the respondents itinerary and whereabouts on and after February 8 when the said crime was committed have been well supported by documentary evidence as well as footages taken by CCTV cameras at the places they went to.

The same were all likewise verified and confirmed by the agents of the National Bureau of Investigation-Region VII in its written report.

The resolution that was resolved by Assistant Prosecutors Marlon Atillo and Marvin de la Peña and approved by deputy provincial prosecutor Joseph Bercilles, stated that while alibi is weak defense because the accused can easily fabricate his story to escape criminal liability, however in this case, the respondent’s alibi could not have been fabricated with ease as all their itinerary and whereabouts before, on and after February 8, 2011 have all been well supported by documentary evidence.

“It must also be noted that said report and findings of the NBI-7 remained unrebutted as herein complainant did not adduce any evidence to contradict the same. In effect, respondent’s defense of alibi in this case was established by positive, clear, satisfactory and independent evidence,” the resolution reads.

It added that not all denials and alibis should be regarded as fabricated. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi, the resolution further read.

Lawyer Roque Amante, legal counsel of Renante Pique, the father of Ellah Joy maintained that the respondents’ defense were just a mere alibi.

Amante said that they are not satisfied with the ruling of the prosecutors and they will file an appeal on the grounds for being contrary to jurisprudence before the Department of Justice.

They have 15 days to file an appeal from receipt of the Resolution, adding if they will get an unfavorable decision from the DOJ, they will elevate the matter to the Supreme Court on petition for certiorari under Rule 65 of the Rules of Court.

Ellah Joy’s parents refused to be interviewed yesterday.

Grade one pupil Ellah Joy of Calajoan Elementary School in Minglanilla, Cebu was kidnapped on February 8 and the day after, she was found dead at the foot of a cliff in the town of Barili.

Another abduction?

Three witnesses claimed they saw two men on board a car abduct a child believed to be between nine to 11 years old in barangay Talavera, Toledo City yesterday.

As of 7 o’clock last night, SPO3 Carmelito Hornales of the Toledo City Police Station said they were still conducting house-to-house inquiry to check the report.

Witnesses said the child was wearing a raincoat as it was raining that time that was why they could not determine his or her gender.

Hornales said that one of the witnesses, an 11-year-old boy, said two men disembarked from the car and pulled the child towards the car at past 7 a.m. yesterday while the child was reportedly heading to school.

The witnesses said they knew the child was a student at the nearby Talavera Elementary School as he was carrying a school bag on his back.

The 11-year-old witness said he was answering the call of nature when he saw a car stop in front of the child. Two men reportedly got out of the car and brought the child inside the vehicle.

The car reportedly sped towards the town of Balamban. The men were described to be wearing all-black outfits and sunglasses.

Chief Insp. Jovito Canlapan, chief of the Toledo Police Station, immediately ordered a road block after receiving the report from one Eugene Masong, but they were not able to spot any vehicle which was said to be a van.

Another witness, an elderly woman, also told police that she saw a hand pulling the child towards the vehicle. She could not determine though whether the hand was that of a man or a woman, Hornales said.

The other witness, a barangay tanod, said he saw the car, which he described as a blue Toyota Innova, stop at the exact place where the abduction allegedly took place. He said the car looked black from afar.

Hornales said that no one has yet gone to the police station to report any missing child.

 He said their personnel took from the Talavera Elementary School the list of the children who were absent from their classes yesterday and visited their houses.

There were 126 pupils who were absent yesterday. — with Niña G. Sumacot/NLQ (FREEMAN NEWS)