CEBU, Philippines - The Criminal Investigation and Detection Group has asked permission from the court to submit for forensic examination the remaining pieces of evidence against the suspects in the Ellah Joy Pique murder case.
Lawyer Inocencio dela Cerna, on behalf of CIDG-7, yesterday filed a motion to submit to laboratory examination the bed sheet and blankets with suspected bloodstains, USB and card reader, video camera with accessories and tapes taken from the house of Ruby Bella Santos during a raid.
These items were retained in court’s custody by Regional Trial Court executive Judge Mienrado Paredes. Some of the items recovered from Santos’ house in Inayagan, Naga City have been ordered by the court to be returned on the ground that these were not covered by the search warrant it issued. Dela Cerna wanted that the forensic examination will be conducted on April 25.
Meanwhile, Santos yesterday failed to get the items that the court earlier ordered to be returned to her.
Santos together with her lawyer Rameses Victorious Villagonzalo went to the court yesterday supposedly to claim the items. These include hair strands, Local Area Network cord, Nintendo DS game cartridge, rug, sex toys, empty CD covers and assorted CDs, waiver and assorted IDs and passport, and two stones.
However, RTC Branch 13 clerk of court lawyer Jessica Capacio said she was ordered by Paredes to release the items only on April 25 after the 15-day period since the issuance of the order shall have lapsed.
“The items will not be release today, judge said as we will wait for 15 days to lapse to release the items and return it to Santos,” Capacio said.
Although she admitted being frustrated, but Santos said she still believes in the neutrality of Paredes.
Villagonzalo said they will use the items as evidence to seek the dismissal of the criminal complaint for kidnapping with homicide against his clients now pending before the Cebu Provincial Prosecutor’s Office.
They are also looking at the possibility of filing a separate criminal complaint against the CIDG personnel.
But dela Cerna said the items that were ordered to be returned do not mean that they are already excluded as evidence against Santos and her British boyfriend Ian Charles Griffiths.
“The court did not declare that the items ordered to be returned to the owner are excluded in the evidences. We can still use it, if it is needed because the search warrant we applied in court remains valid,” Dela Cerna said.(FREEMAN NEWS)