CHR to look for “procedural lapses” in court’s dismissal of Pique case

CEBU, Philippines -  The Commission on Human Rights-7 has offered to help seek justice for Ellah Joy Pique following the court’s dismissal of the criminal case against Bella Ruby Santos for insufficiency of evidence.

CHR-7  chief  investigator  Primo Cadampog said they are monitoring the case and will help evaluate the court decision for “possible procedural lapses” should the parents of the victim asks for help.

 “Luoy man gud kay bata man gud na’ng biktima so nag-monitoring ta kung unsaon nato pag-prosper ang kaso,” Cadampog said.

Cadampog said the CHR can assist the prosecution in filing a petition to assail the dismissal of the case against Santos should they find “procedural lapses” in the decision of Regional Trial Court Judge Ester Veloso.

Veloso granted the demurer to evidence filed by the lawyers of Santos and ordered for the dismissal of the case against her for insufficiency of evidence.

The members of the Task Force Ellah Joy are set to meet within the week to discuss what possible action to take following the dismissal of the case.

Lawyer Inocencio dela Cerna, one of the members of the task force, refused to speculate what would be their next move.

Lawyers Rameses Villagon-zalo and Julius Caesar Entise are confident that nothing could be done to reverse the dismissal of the case because it would tantamount to double jeopardy or second prosecution for the same offense after acquittal.

The defense counsels said the dismissal of the case was an answered prayer, insisting that their client was just a victim of frame-up.

Entise appealed to the police and the prosecutors to conduct a thorough investigation before indicting any person of a case and not to focus on the rewards and other incentives that they will receive.

Santos, 38, resident of Barangay Inayagan, City of Naga, along with her British boyfriend, Ian Charles Griffiths, was accused in the kidnapping and murder of Ellah Joy.

The six-year-old victim was snatched outside Calajoan Elementary School in Minglanilla on February 8, 2011. The victim was later found dead in Barangay Sayaw, Barili town.

Witnesses pointed to a Filipina woman and a male foreigner as culprits. The police first took into custody Filipina nurse Karen Esdrelon and Norwegian boyfriend Sven-Erik Berger.

The provincial prosecutor’s office, however, dismissed the complaint against them also for insufficiency of evidence.

Using the same witnesses who earlier pointed to Esdrelon and Berger, police investigators charged Santos and Griffiths. Santos was arrested but was allowed to post P500,000 bail for her temporary liberty while Griffiths was able to leave for England.—/FPL   (FREEMAN)