CEBU, Philippines - The lawyers of suspects Bella Ruby Santos and Briton Ian Charles Griffith came with their guns ablaze yesterday citing inconsistencies in the statements of the policemen in their motion to quash the search warrant that led to the filing of charges against their clients.
Santos and Griffiths have been charged for the kidnap-slay of six-year-old Ellah Joy Pique, who was found dead last February 9 in the town of Barili. The two have vehemently denied the charges.
Their lawyers, Anna Luz Cristal and Rameses Victorius Villagonzalo, said that the policemen gave inconsistent testimonies, which is a ground to quash the warrant.
Cristal also allegedly saw some personnel of the Criminal Investigation and Detection Group (CIDG) briefing the witnesses, which is not supposed to be allowed.
Cristal and Villagonzalo expressed confidence that Executive Judge Meinrado Paredes will grant their motion, but added that they are ready for a trial in case it will be denied.
If the motion to quash the search warrant will be granted, this means that the prosecution cannot anymore use the sports utility vehicle (SUV) and other items seized from the residence of Santos as evidence in the case.
Inconsistencies?
Cristal said that the statements made by Chief Insp. Fermin Armendarez III, SPO2 Willard Selibio and PO2 Angelito Yaun, which were used as basis for the application of a search warrant, were false.
She alleged the same about the statements of Ligaya Escultos and Richard Ian Bruce Bansuan, who reportedly saw a sports utility vehicle (SUV) with plate number LHJ-382 in Sayaw Beach, Barili town on February 9.
She said that the affidavits that were made by the policemen and witnesses were false, which is why she plans to file perjury charges against them.
Selibio, who testified in court yesterday that someone tampered with the plate number of the dark blue Mitsubishi Pajero to make it look as LHJ-382 from afar when it is supposed to be LMJ-382.
Selibio, however, does not know who tampered with the plate number, but said that they applied for a search warrant for a vehicle bearing plate number LHJ-382 and not LMJ-382.
He also claimed that they only knew that the plate number of the vehicle is really LMJ-382 after they served the search warrant and saw the vehicle up close at the residence of Santos in Inayagan, Naga City.
Armendarez said in court that he led the team that conducted the surveillance and was also the leader of the team that served the warrant at around 10 p.m. on March 4.
The police officer said that Escultos was with them when they served the warrant to identify the SUV if it was the same vehicle that she saw in Barili.
Armendarez said that in their application for a search warrant, they asked the court to allow them to enter the residence of a certain Chloe Santos, which was the name supplied by their informant.
It was only after the CIDG got a certification from the Land Transportation Office (LTO) that the SUV bearing plate number LMJ-382 is registered under the name of Bella Ruby Santos that they knew the real name of the owner of the residence, said Armendarez.
He also said that he did not put in the application for a warrant the name Obing Santos, which is the name that Bella Ruby is known in their community as their informant gave them the name Chloe.
Also presented yesterday was Escultos.
She stated that she was on board a motorcycle that was driven by Bansuan on their way home to barangay Inastaca, Barili from a party in another part of the town.
When they passed by the area near Sayaw Beach, Bansuan slowed down as they saw a Caucasian who was standing behind a vehicle. She said that they thought the man was acting suspiciously.
Escultos said that when the man saw them, he reportedly just stood behind the vehicle and waited for them to pass. It was shortly past midnight of February 9 when they passed the area. She also alleged that they saw the face of the man as he looked at them when they passed.
Intrigued by what she saw, Escultos alleged that she came back to the place later that morning and saw many people gathered in the spot where she saw the Caucasian and learned that the body of a child was thrown there.
She concluded that the man she saw earlier must have been the same who threw the body of the child on the roadside. The hearing for the motion will continue on Monday. — /NLQ (FREEMAN)