Kidnap-slay suspect seeks dismissal due to insufficient evidence

CEBU, Philippines - Bella Ruby Santos, one of the accused in the kidnap-slay of a six-year-old girl in 2011, asked for the dismissal of the case due to the insufficiency of evidence.

Santos, together with her legal counsel lawyer Rameses Victorius Villagonzalo, filed yesterday a demurer to evidence with leave of court before the Regional Trial Court.According to Villagonzalo, demurrer to evidence is a matter of procedure, and if the court granted the same, their camp will no longer present their witnesses.

He claimed that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. “This entire case is based on a lie, a frame-up. It is, therefore, the humble submission of the accused that however sensational and emotional this case may be, sans evidence of guilt beyond reasonable doubt against herein accused, it shall be the rightful duty of the Honorable Court to dismiss this case,” the document reads.

Santos and her British boyfriend Ian Charles Griffiths were tagged in the kidnap-slay of Ellah Joy Pique while on her way home from school on February 8, 2011. Pique was found the following day at a ravine in Barili town.

According to Santos, based on the evidence, the prosecution failed to establish the motive of the alleged kidnapping and the death of the victim. “There is no record from the Philippine National Police, National Bureau of Investigation or even US Homeland Security that both accused are engaged in the cybersex trade or pornographic activities,” she said, adding that the court on April 10, 2013, in fact granted her application for bail for a non-bailable offense.

In addition, Santos emphasized that the DNA result of the seized evidences subject of the search warrant yielded negative of Pique’s DNA.

Villagonzalo, likewise, said that there was no evidence of kidnapping against his clients because the prosecution during trial failed to prove the same.

It also stated that Griffiths underwent investigation in the United Kingdom in relation to the case, but he was eventually released by the London Metropolitan Police after they could find no grounds to continue holding Griffiths on bail.

Lawyer Inocencio dela Cerna for the prosecution said filing demurrer to evidence is the right of the defense. However, he said they believed that they have strong case based on the accounts of their witnesses.

Meanwhile, Santos said she is doing “fine” after posting the recommended bail for her temporary liberty. She said she is now “busy doing religious activities and schooling.” — (FREEMAN)