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Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Filipino

Discussion in 'Important Causes' started by Markham, Oct 21, 2013.

  1. Markham
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    Markham . Lifetime Member

    Even though Ian Griffiths, one of the co-accused, remains "at large" - in the Prosecution's eyes (he's actually in the south of England) - and his partner Bella Santos is out on bail, their trial lumbers on in the Cebu court room. This despite the fact that no attempt has been made to extradite him even though senior Prosecutors claimed - almost two years ago - that such a request was about to be made. He is, in effect, being tried in his absence.

    Much to the Prosecution's disappointment, all their witnesses have had their credibility as witnesses effectively destroyed and one of whom who has previous convictions should never have been allowed to testify! One of their more recent witnesses, a Police photographer, was unable to prove the date and time that he took crime scene photographs and that he in fact took them!

    More recently we have learned that the Prosecution is searching for "a suitable witness" in their third attempt to introduce new witnesses as it struggles to keep its case alive. The Prosecution has stated that it additionally intends to present Angie Bautista, the younger sister of Algen Bautista who was their first witness. Angie was to have been called much earlier but she refused to testify so it is likely she is being pressured by the Prosecution (and possibly her family also as they would get a decent chunk of reward money should Griffiths and Santos be convicted).

    Back in 2011, the Naga Prosecutor refused to charge the couple with offences regarding alleged child pornography but the private Prosecutors are now seeking to include this aspect in the trial. This arises out of the Judge's comments made when she granted Santos bail, that the Prosecution had failed to cast any light on where Ellah Joy was held between the time she was abducted at 4pm and her death some seven hours later. At a much earlier hearing before a different Judge, the couple's computer system and a USB memory stick were examined by an "expert" in the presence of the Judge and lawyers from both camps. Absolutely nothing of an incriminating nature was found on either the computer's hard drive nor on the USB memory stick.

    However, Prosecutors are now asking for that memory stick to be re-examined in court. On the basis that lawyers tend to ask questions that they already know the (correct) answers to, this may not be a simple fishing exercise. And that raises the question: has someone had access to that USB memory stick after it was examined in RTC 13 two years ago?

    One thing is clear: the Prosecution knows its case against Griffiths and Santos is weak and unlikely to succeed - otherwise the Judge would not have granted Santos bail as child abduction and murder are both non-bailable offences. The Prosecution probably realises that as soon as it rests its case, the Defence will file motions for dismissal of all charges which may well succeed. It therefore needs to keep its side of the case going for as long as possible in the hope that some of the mud it is slinging at the defendants will stick.
  2. Kuya
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    Kuya The Geeky One Staff Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    Scary stuff! Scary how such a weak case can drag out for so long.
  3. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    When it finaly fail I hope the Brit will sue for slander & libel :rolleyes:
  4. Mystica
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    Mystica Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    I certainly hope so!

    The problem with foreigners going to our country, they are afraid to fight back for their rights. If they are right, why not fight for it?
    But I can't blame them for not fighting back with all the corruptions going on!
    I never feel this way when I lived in the UK. They are pretty fair to me there.
    Like for example when my Nigerian teacher bullies me while I was studying Business course. Apparently some of the student there are a member of some sort of gang and and they are friendly to her so she thought she is untouchable. She always pick on me! humiliate me and gave me a hard time. My husband sort her out by emailing the Principal. There was an investigation and my doctor supported my statement because this teacher triggered my high blood pressure and I was not aware that my doctor made report of bullying to the police whenever I see him.
    What this teacher don't realised, I am not afraid of her and her gang students! If she didn't bully me? She will be still teaching there and bully other Students instead.
  5. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    What I think is needed here is what in Chinese is called a "platform to step down onto"; a way out which does not require the loss of "face". In the absence of that, the prosecution are bound to try to continue.

    On the question of bail... in this case the victim was a foreigner and his killers were Filipinos from wealthy enough families...

    http://newsinfo.inquirer.net/363311/anikow-murder-suspects-granted-bail
  6. Mystica
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    Mystica Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    In the Philippines to be wealthy is one thing and with connection is another thing! :(
    And to have that combined? :violin:
  7. Markham
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    Markham . Lifetime Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    In Philippine courts you mean, like Berger has attempted to do but for more serious allegations? Those cases have been effectively buried. Berger even made a filing with the UN Human Rights Commission but nothing became of that either.

    Griffiths' UK lawyers could apply to the High Court for International Writs against those who have libelled and/or defamed him and the ensuing cases would be heard in London. But it would be difficult to impossible to enforce any judgements obtained except where a defendant is a (Philippine) government official whereupon the Philippine government would be called upon to pay up. But even those cases may fail if a defending barrister manages to convince the Judge that as a foreigner, Griffiths was not entitled to protection under the Philippine Constitution.

    However in the final analysis, I rather think Ian Griffiths will not want to have any further dealings with the Philippine authorities or justice system.
  8. Markham
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    Markham . Lifetime Member

    Re: Ellah Joy Pique Case: Prosecution Unwilling to Rest its Case against British-Fili

    You've put your finger on it - as is your wont! I do strongly suspect that when the Prosecution eventually runs out of ideas and things to try, rather than rest its case knowing it can't win, it will tell the court that it is unable to proceed with the prosecution through lack of further evidence. The charges would effectively be dropped but, as with Berger, the State retains the right to re-introduce them at a future date. It would also probably mean that the Interpol "Red Notice" naming Griffiths as a fugitive from justice, thereby making it impossible for him to travel anywhere outside the UK, remains in force - although that is one aspect he is almost certainly going to fight tooth and nail if needs be.

    Hopefully the Judge will not allow such a move and acquits the couple.

    Yes and sadly that case appears to have stalled.
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  9. MattWilkie
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    MattWilkie Member Trusted Member

    The drop in media coverage is exactly why this is now heading that way. But it also shows the puppeteers being able to adjust coverage as they suit. Its a pity but also a lesson people should be aware of that the Philippines can pluck your life apart if it decided to do so.
  10. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Very true. We all need to keep that in mind - upset the wrong person, even accidentally, and your life can be ripped apart and twenty years work tipped down the drain.

    I feel very sorry for Bella Santos, who has had, and is having, an extremely tough time
  11. kevin taylor
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    kevin taylor New Member

    In the jails it's called justice delayed justice denied, I dont know about this case and I don't know the latest, but in the eyes of the judge I suspect that the British guy will be deemed as guilty as he absconded from justice. All they want is anyone to take the fall for crime here, and foreigners are easy targets esp Brits as the consulate do jack **** in our favour. Sorry for the bad words but its true. Foreigners are ATM's to the Justice system, jails and prisons believe me I have first hand knowledge on this.
    • Like Like x 1
    • Agree Agree x 1
  12. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Well said, and you are the "poster child" for exactly that.

    Don't give up, Kevin. There will be light at the end of what must seem like a very long tunnel.
  13. Anonymous
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    Anonymous Guest

    I have spoken with and met Ian in person. I have also done a lot in the background to this particular case. They are not guilty and what the judge likes is upto them as I have seen the context of the case not only manipulated to the point it would be thrown out automatically in the West. But also it was a Filipino who killed Ellah Joy. The PNP will not investigate a third time and its also too political for them to take an interest.
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