The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or met

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

Bella Santos' Bail Hearings were completed at the beginning of December and it was then up to both sides to submit to each other and the Court their Memorandums which summarise their respective cases. I haven't yet seen the Prosecution's Memorandum but I have seen the Defence's which is a complete surgical dissection of the Prosecution's case built solely on the testimonies of "witnesses"; it is very thorough and compelling.

There was a hearing on January 21 which was scheduled to be a Pre-Trial Conference for the trial proper. However the two Prosecution lawyers, who bothered to put in an appearance (they often field 2 or 3 Fiscals and up to 4 private prosecutors), arrived in Court totally unprepared and even refused to divulge their list of six witnesses they intend to call during the trial proper. The Judge was persuaded by Defence arguments that the witness list should be disclosed and ordered the only Fiscal in Court to hand it over there and then. No decision as to whether Bail has been granted has been made but the Defence team believes that the Judge will issue her ruling before the next hearing on March 11. That hearing will be the Pre-Trial Conference and the trial itself is set to proceed in April, although no date has yet been given.

It is quite likely that one of the items on the agenda at the March hearing will be to clarify whether or not Ian Griffiths will be tried in his absence or whether it will be just Bella's. One question I am sure the Judge will want answering in Court is whether or not an application has been made to the British Government for Griffith's extradition and if so, how was that resolved. As of now, the British Government has not been approached despite a senior Prosecutor's 20 month-old claims that they have been. As both Griffiths and Santos are named on the same indictment, the Judge could require that the Prosecution side obtains custody of Griffiths before the trial can commence. There is no provision in the Philippine Constitution's Bill of Rights for trials in absentia - where one or more fendendants are absent.

Provided there is no political interference, the Defence is confident that the Judge is persuaded that there is little or no substance to the Prosecution case and grants Bail. She is charged with non-Bailable offences but the Judge was persuaded by Defence arguments that the Prosecution case against her is so weak and agreed to consider Bail in her case. If Bail is granted, this will be a major problem for the Prosecution and might have to reconsider the viability of its case.

The Defence team has let it be known that one of its witnesses will be a certain Ernest Digal who, as the then Director of Cebu's PNP, led the original investigation into Ella Joy's death and which led to the Norwegian Sven Berger and his fiancee, Karen Esdrelon, being charged with the offences of kidnap and murder. Digal, who passionately believed in their guilt, was later sacked by Governor Gwen when she learned that he'd been somewhat economical with the truth regarding CCTV tapes at the Waterfront Hotel which proved that the accused were at the hotel at the time that Ella Joy allegedly disappeared.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

You would not be alone in second-thinking retirement plans in the Philippines. From reading other Expat Forums, this case has definitely influenced quite a number of westerners into either planning to leave the country or not come here at all. It's not simply the absysmal Police investigations - for a time, it seemed like it was open season for foreigners on Cebu - but how the law is unevenly weighted against foreigners. Let me give you an example:

Last November, George Anico, a former Marine attached to the US Embassy, was brutally attacked by four young men and stabbed several times at an upscale village in Makati; he died on his way to hospital. Following the attack, the youths then boarded their Merecedes car and sped off. The whole incident was witnessed by at least one of the village's security guards who was able to identify the four who were speedily apprehended and charged with his murder. But guess what - in spite of the fact that murder is a non-bailable offence and the four were identified by the guard, they've been given bail!

Now, did these four young men get bail because:

[a] The victim is a foreigner?
His attackers are Filipino?
[c] His attackers come from rich and influential Filipino famlies - which, according to press reports, they all do?
[d] The evidence against the attackers is very weak and largely circumstantial (the only legal grounds for bail to be considered)?

I suggest that the first three options are true and the fourth false.

My wife and are also considerring our options and the legal system here is a major factor. Whether we will choose Australia or closer to home, Italy maybe, remains to be seen. But the idea of a continued life here is looking less and less appealing to both of us.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

I agree with that. I have been following this case too - the next developments will be that the security guard (the only witness) will either be bribed, terrified by threats to his family into disappearing or killed and the physical evidence will be conveniently lost.

Remember this is a US citizen, the husband of a US Embassy official.

What chance does a British private citizen have?

None of my friends who have lived in the Philippines for years contemplates retiring here (I'm in the home of one of them in Subic Bay at the moment...)

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

Remember also that under this jurisdiction, the complainant has to be present in court at each and every hearing; in this case, that'd be George's widow. As the four accused are out on bail, there is no pressure on the State to provide them with a speedy trial and I'd not be at all surprised if any trial takes place for the next two or three years - if at all - vested interest will ensure that. Absence by either the complainant or her only witness will almost guarantee dismissal of all charges against the accused. This, naturally, places both Mrs Anico and the US State Department in a difficult situation.

Foreigners have no rights in this country apart from getting on an aeroplane and leaving - but only after they've paid all their dues to the Bureau of Immigration. This is a concept that newly-arrived expats - and especially Americans - have a hard time coming to terms with and accepting.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

Hmmm, some of the view expressed here have really concerned me.

I do know very well what it's like to be living in a country, not your own.
I have experiences of living in countries where discrimination against 'people like me' was commonplace (often extreme)

There were only 2 countries I escaped from earlier than contract and which I refused ever to return.

Even in Japan, I encounted discrimination. Although I only knew because my wife was fluent in Japanese and I also understood more than I ever let on.

I know very well that if I do 'retire' to Philippines I need to take care to maintain a low profile, not be be active in any kind of business, not to drive, not to frequent bars/other drinking places and be careful what I say. That's the same as many places. Even Japan.

But still, I've gotten spooked enough to be sure that I will sell up my properties in Manila.
I will also reconsider whether Davao City is a place for me.
I have an idea where to develop new plans and will work on those.

I have no family or connections here in UK at all.
All of my remaining 'quality' friends live in SE Asia or Japan. My extended family in Philippines.
I happen to WANT to spend my sunset years with those I love and who love me, in environments that make me happy body and soul.

We're all different
Anyone wanting to retire in UK also needs to do some serious evaluations.

I am in process of some serious evaluations/comparisons as is my wife, who incidently is not fully convinced on Philippines.
She is however fully convinced on UK Not being her final location in life.

Our final choice would be Japan, but that's just not possible. There are other places we can consider but our final choice will be somewhere in SE Asia.
Some places in Philippines still appeal.
Well to me anyway.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

the third world is coming ever closer to home Spain Italy Portugal and Greece are viable options and you can own real property and follow your occupation .

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

As someone once said, you are always a foreigner when you are abroad. And so true it is.

The Iberian Peninsular for me.....

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

There was a hearing yesterday, June 3, at which the prosecution should have rested its case. However, I understand that at an off-the-record discussion between the Judge, Fiscal Abarca who is the 'resident' State Prosecutor for this case and the lead defence attorney, a rather disturbing matter arose. Fiscal Abarca stated that the State will be filing an Inhibition against the Judge but would not disclose the reason. The Judge replied that if she inhibited herself, she would earn the ire of the other Family Court Judges due to the high profile nature of this case. She also let the Fiscal know she was very pissed-off by the prosecution's tactics.

During the hearing itself, the State admitted that its case is weak and to remedy this, sought leave to call 5 more witnesses, three of whom are Police Officers. The Judge agreed to allow the Prosecution to present its additional witnesses.

Shortly after the hearing concluded, the defence filed a formal objection:

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

There was a hearing yesterday, June 3, at which the prosecution should have rested its case. However, I understand that at an off-the-record discussion between the Judge, Fiscal Abarca who is the 'resident' State Prosecutor for this case and the lead defence attorney, a rather disturbing matter arose. Fiscal Abarca stated that the State will be filing an Inhibition against the Judge but would not disclose the reason. The Judge replied that if she inhibited herself, she would earn the ire of the other Family Court Judges due to the high profile nature of this case. She also let the Fiscal know she was very pissed-off by the prosecution's tactics.

During the hearing itself, the State admitted that its case is weak and to remedy this, sought leave to call 5 more witnesses, three of whom are Police Officers. The Judge agreed to allow the Prosecution to present its additional witnesses.

Shortly after the hearing concluded, the defence filed a formal objection:

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

Umm.

Not good.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

The newspaper reports are pretty depressing. The prosecution is asserting that Ellah Joy was kidnapped for the purposes of child pornography. At the outset of this case, the prosecution claimed it found images of naked children on Bella Santos' computer but charges for pornography were never brought. In a desperate attempt to bolster its case, the prosecution is now attempting to prove this allegation.

But the State is not in the driving seat for this case. The Pique family is represented by two sets of lawyers - the private prosecutors - and it is they who are conducting this case in court, it is they who are insisting on these additional witnesses and it is they who want the Judge to inhibit herself in the hope that the case will be tried by a more prosecution-friendly Judge.

As for the pictures and videos which the prosecution allege are 'pornographic' they would almost certainly be of Bella's many cousins engaged in such pornographic pursuits as swimming! This is a fishing expedition by a beleaguered prosecution.

Here are today's newspaper stories: SunStar, The Freeman and Cebu Daily News.

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

Sun Star hostile, Freeman neutral, Daily News supportive of the defence, roughly speaking.

I had to ask Kay's sister to delete a Facebook picture that she had sent me of her 14 year old son swimming, having been "de-bagged" - to her it was an amusing family snap, but an American friend warned me that it might lead to my being refused admittance to the USA...

Re: The Englishman, the Norwegian and the 6 year old Filipina neither of them knew or

The SunStar has been hostile towards the defence from the outset just as the Freeman has been neutral but this is the first time that the Cebu Daily News has in any way been supportive of the defence.

I have been similarly warned not to keep pictures of my own son in which he is not clothed and that's an indictment of the kind of society the world has become.