CEBU, Philippines - Norwegian ambassador to the Philippines, Knut Solem, will meet Justice Secretary Leila De Lima today to discuss the delayed resolution of the case against Sven Erik Berger and Karen Esdrelon.
The couple’s lawyer Salvador Solima said the ambassador is confused on how justice is done in the Philippines and why the case has not yet been resolved.
The couple has been detained in the Cebu Provincial Police Office for 12 days now but still charges of complex crime of kidnapping with homicide that were filed against them has not yet been resolved by the Prosecutors Office that said they still have to evaluate the report submitted by the National Bureau of Investigation.
The two are being held responsible for the abduction and killing of six-year-old Ellah Joy Pique last Feb. 8. She was found dead a day later. But the NBI said the couple was in Cebu City during the time Ellah Joy was snatched from her school in Calajoan, Minglanilla.
“Ang pagka-detain sa duha gikasagmuyo sa mga tawo sa Norway kay they were already proven innocent pero hangtod ‘ron wa pa sila kagawas,” Solima said.
The case could have been decided by the Prosecutor’s Office right after their counter-affidavit was sent as part of the procedure, the lawyer said.
Solima also withdrew their application for bail saying they are optimistic that the complaint will eventually be dismissed by the Prosecutors Office. The hearing for the bail application was supposed to be heard yesterday.
“I am confident that the complaint will be dismissed and I am 100 percent sure that this will not be elevated to court,” he said.
But Roque Amante Jr., the lawyer of Ellah Joy’s father Renante Pique, said he is confident that the prosecutor will rule in their favor.
“The counter-affidavit of Berger is of course self-serving evidence which under the rules on evidence is not admissible, or must be taken with caution,” Amante also said when asked to comment on the case.
He added all certifications attached to the counter-affidavits filed by the respondents through Solima were not under oath.
Amante explained that in rules of evidence the certification which was not under oath cannot be admitted unless its authenticity and due execution are met. He added this process can be done in court and not in the prosecutor’s office and can be tested if they are not hearsay.
Amante claimed the abduction was positively identified by three minor witnesses who had no reason to falsely testify.
Meanwhile, the designated spokesman of the newly-organized task force for Ellah Joy’s case said they have new developments in their investigation that does not necessarily lead to Esdrelon Berger.
Senior Supt. Patrocinio Comendador said they created the task force just a few days ago to assist the Cebu Provincial Police Office which remains the head of the investigating task force.
Right now, with the resignation tendered by CPPO director Erson Digal, Comendador said Supt. Teofilo Siclot, Deputy Provincial Director for Operations, will currently lead CPPO as far as the investigation is concerned.
Digal handed over his resignation letter to Police Regional Office-7 director Chief Supt. Ager Ontog and Cebu Governor Gwendolyn Garcia last Tuesday after Garcia said she lost trust in Digal over the way he handled the investigation into Pique’s death. — (FREEMAN)