Hearing on kidnap-slay of Ellah Joy cancelled

CEBU, Philippines - The scheduled hearing on the case against Bella Ruby Santos in the kidnapping and homicide charges on the death of six-year-old Ellah Joy Pique was cancelled yesterday.

Lawyer Inocencio dela Cerna, one of the prosecution’s lawyers, said the defense was supposed to present witnesses but the hearing was postponed due to unresolved demurrer to evidence filed by Santos.

Regional Trial Court Judge Ester Veloso of Branch 6 ordered the cancellation of the hearing as she has to resolve Santos’ motion first.

Santos did not show up at yesterday’s supposed hearing while the parents of the victim were present.

Lawyer Rameses Victorious Villagonzalo, one of the legal counsels of Santos, told The Freeman that before they can present their witnesses, their motion must be resolved first. 

Right after the prosecution rested its case, Santos filed a demurrer to evidence and asked for the dismissal of the case due to the insufficiency of evidence.

Villagonzalo said the demurrer to evidence is a matter of procedure and if the court granted the same, their camp will no longer present their witnesses. He added that based on the evidence of the prosecution, it failed to prove the guilt of Santos 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 motion reads.

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

Santos said the prosecution failed to establish the motive of the alleged kidnapping and the killing of the victim.

In fact, she said there was no record from the Philippine National Police, National Bureau of Investigation or even US Homeland Security that she and Griffiths, who remains at large, were engaged in cybersex trade or pornographic activities.

She added that the court even granted her an application for bail for a non-bailable offense on April 10, 2013.  (FREEMAN)