Ellah Joy's pa asks court: Retain hair strands, cord, stones and CDs

CEBU, Philippines - The father of kidnap-slay victim Ellah Joy Pique filed a motion for partial reconsideration through his counsel, lawyer Joan Dymphna Saniel of the Children’s Legal Bureau (CLB).

Renante Pique asked Regional Trial Court Branch 13 Judge Mienrado Paredes to reconsider his decision returning some items to Bella Ruby Santos that were not mentioned in the search warrant.

Pique asked the court to retain the hair strands, LAN cord, two stones, pornographic CD covers and assorted CD’s and waiver.

Though these items were not mentioned in the search warrant that Paredes issues, Pique said these may be related to the crime and could be included in the term “others.”

He added that the hair strands seized by the Criminal Investigation and Detection Group (CIDG)-7 last April 4, 2011 at the house of Bella Santos in Barangay Inayagan, Naga City maybe that of his daughter.

Pique claimed the LAN cord and stones seized by CIDG in the house of Santos are similar to that found in the body of Ellah Joy when it was found in Barili town.

“The stones are believed to be intended as sinkers to hide her body, which fortunately did not reach the waters down the cliff,” the motion reads.

 Meanwhile, he added that the pornographic CD covers and assorted CDs and waiver were seized on plain view, “and in fact contraband under Anti-Child Pornography La (RA 9775).”

This, he further stated, makes a person in “possession of photographs of nude children liable, and the waiver being an agreement to such child pornography, easily discernable at the time of the search.”

The following items ordered for return to Santos after the lapse of 15 days are the Pajero, hair strands, LAN cord, Nintendo DS game cartridge, rug, sex toys, pornographic CD covers and assorted CDs, waiver and assorted IDs and passport and two stones.

However, Santos said last Monday that the return of the items maybe delayed because of Pique’s motion for partial reconsideration.

Santos went to court last Monday to get the items which were not mentioned in the search warrant but the court did not release it since the 15 days were not yet over. Paredes said the 15 day-lapse is a rule of court.

Paredes also said Santos is given five days and no extension to file their comment on the motion for partial reconsideration filed by Pique.

“After the order will be received by Attorney Villagonzalo or Attorney Cristal they are given five days to answer the motion filed by Pique and if they will file a motion for extension I will deny it since I already said no more extension,” Paredes explained. – (FREEMAN)