CEBU, Philippines - Regional Trial Court Judge Meinrado Paredes said that the viewing of the files in the flash disk and CDs that were confiscated from the house of kidnap-slay suspect Bella Ruby Santos will go on as scheduled tomorrow and in public.
This despite the request of Santos that the viewing of the contents be done only in the presence of the judge and representatives from the Criminal Investigation and Detection Group (CIDG), her camp, and the media.
Santos has been tagged as suspect in the kidnapping and death of six-year-old Ellah Joy Pique last February.
Paredes said his order was clear, to view the contents of the flash disk despite the claim of Santos that it contains videos of her having sex with her boyfriend Ian Charles Griffiths, who has also been charged along with her.
Paredes said that the examination of the evidence should not be done in private if it has been submitted to the court.
He, however, added that if the camp of Santos can convince the court why there should be no public viewing, then he said he will allow it to be examined in the presence of representatives from both camps.
Paredes cited jurisprudence from the Rules of Court, rule 119 SEC. 21. Exclusion of the public.—the judge may, motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. He may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties.
Paredes claimed he did not even see all the evidence he ordered retained in court and added that he wants all evidence presented in court for transparency.
Paredes said what Santos claimed that the flash disk contains sexy pictures of her and sex scandals were all hearsay unless it is proven by the court through the viewing of the files.
Paredes said that all of us have privacy but, when you have a case and you are convicted there are instances that what you have claimed “privacy” will be deprived from you.
Meanwhile, Santos through her lawyer Rameses Victorius Villagonzalo filed an omnibus motion — a type of legal motion in which multiple requests are bundled.
Santos opposed the move of the court to conduct a forensic examination of the retained items claiming they were not able to make an opposition to the said motion.
However, Paredes earlier said he will resolve immediately the motion to conduct forensic examination without the opposition of the other party as he already verbally ordered it that the retained items will be examined in the presence of both parties.
Santos also opposed the decision of the court in amending Paredes’ order to retain in court the empty CD covers and assorted CDs which the judge earlier ordered returned to Santos.
Santos claimed that the empty CD covers were planted by the CIDG.
In the motion, she also said, “With all due respect, it is none of anybody’s business to watch the contents of USB since it contained very private and personal matter, which should better be left unseen.”
Santos asked the court to direct the applicant CIDG to physically and actually turn-over of all the items stated in their motion filed to acquire all the seized items.
She added all items found inside the body of kidnap-slay victim Ellah Joy Pique including the pictures will be submitted for inspection of Dr. Raquel Fortun a forensics expert.
The counsel for CIDG lawyer Inocencio dela Cerna said the order of the court to view the content of flash disk is good and added he will bring a “wide screen” for the viewing. —
/NLQ (FREEMAN)