Report of NBI favors couple

CEBU, Philippines - The National Bureau of Investigation has corroborated the statement made by Norwegian Sven Erik Berger and his Filipina fiancée Karen Esdrelon, the suspects in the kidnapping and killing of six-year-old Ellah Joy Pique.

In its report submitted to Cebu Governor Gwendolyn Garcia yesterday, the NBI verified the statement made by the couple that they checked into Waterfront Cebu City Hotel and Casino around 4 p.m. to 5 p.m. on February 8, the time Pique was abducted.

Garcia said she also heard the same statement from the couple when she visited them at the police headquarters last Sunday following their arrest at the airport.

This developed as the filing of petition for habeas corpus is not the appropriate move to release two suspects.

This was the statement of Regional Trial Court Branch 10 Judge Soliver Peras during hearing of the petition for habeas corpus filed by lawyer Salvador Solima for clients, Berger and Esdrelon, yesterday afternoon. Peras instead advised Solima to amend his petition for habeas corpus to petition for bail.

Solima took Peras’ advice and immediately filed the petition for bail. Peras then set the hearing of the petition for February 23.

As chairman of the Provincial Inter-Agency Task Force against Criminality, Garcia asked the NBI to conduct investigation into the couple’s statement.

“I do know that the report has been done in a very careful, circumspect, thorough and quite manner without trumpets blaring or cameras rolling,” Garcia said when asked if the NBI report satisfied her.

“Now I have been presented with a report that has zeroed in on the verification of the story that was presented by this couple,” Garcia stressed, saying that the report is complete with pictures from the hotel’s monitoring system.

One of the still photographs was captured at 16:44 or 4:44 p.m. on February 18.

NBI-7director Edward Villarta said they also have secured a confirmation from the hotel management and a copy of the couple’s registration.

Garcia said the NBI report will be submitted to the prosecutor’s office on Monday.

She said she would also meet with Cebu Provincial Police Office director Erson Digal on the NBI report.

Asked what action she would take against Digal, Garcia only told reporters: “abangan ang susunod na kabanata.”

Petition hearing

Peras gave Solima and lawyer Troy Warren Quianan, counsel for Digal, five minutes to speak during yesterday’s hearing.

Solima explained that the purpose of the filing of the petition for habeas corpus was to question the legality of the arrest of his clients, saying the police arrested them without any basis.

Berger and Esdrelon are now detained at the Cebu Provincial Police Office stockade.

Quianan told the court that Solima should have filed the petition for habeas corpus before the criminal complaint was filed against his clients.

Quianan said even during the inquest proceedings, the defense did not question the validity of the suspects’ arrest but instead executed a waiver for detention.

Therefore, Quianan argued, that the police have the right to continue detaining the suspects.

But Solima countered that if they did not waive the right of his clients for detention at the CPPO, they will surely be committed to the Cebu Provincial Detention and Rehabilitation Center once the information of the criminal complaint is elevated to court.

No countercharges

Berger said they would not file any countercharges against the police once the criminal complaint is dismissed.

He said he would fly to Norway with Esdrelon but will return to the Philippines.

But he said he will request security from the police since the real suspects are not yet arrested.

Berger said he is happy that the NBI found them not responsible for the crime.

No mishandling of witnesses

The police denied any mishandling of child witnesses in the kidnapping and killing of Pique.

Police Officer 3 Sheila Melendrez of the Women’s and Children’s Desk of CPPO said they are strictly following procedures in their investigation in cases involving minor victims and witnesses.

Melendrez said there is no law stating that a social worker should be present in interviews of witnesses by police investigators although there is a law on how to conduct interview during court proceedings.

 She said social workers are not needed if parents of minor witnesses are around to guide them.

“Parents’ presence is enough that they morally supported their child,” she said.

Based on Section 4 of the Rule of Examination of the Child Witness, a child can chose a person who will accompany him or her to judicial proceedings.

But Melendrez said the rule only applies to court proceedings and not to police interviews.

The police have been criticized over their alleged lack of training in interviewing child witnesses.

Police Officer 2 Hazel Tuazon of Women’s and Children’s Desk of the Minglanilla Police Station said the parents of the child witnesses were present during the questioning.

Tuazon told The FREEMAN that the presence of Department of Social Welfare and Development personnel is only mandatory if the witnesses have no parents or guardians to assist them.

“I can attest that parents were here since ako mismo ang nagkuha sa ilang statements,” she said. — With Ria Mae Y. Booc /LPM  (FREEMAN)