CEBU, Philippines - The Provincial Prosecutor’s Office denied the motion filed by the mistaken suspects in the abduction and killing of six-year-old Ellah Joy Pique for the issuance of an amended resolution declaring them innocent of the crime.
Provincial Prosecutor Jane Pepita Petralba approved the comment of prosecutors Marlon Atillo and Marvin dela Peña to deny the motion filed by Sven Erik Berger and Karen Esdrelon as their office was only tasked to determine any probable cause for indictment against the couple.
“To categorically declare herein respondents as innocent of the crime charged against them is beyond the scope, function and jurisdiction of this Office as it has no authority to do so,” their comment read.
The prosecutors said the concern of Berger and Esdrelon that the word “dismissed due to insufficiency of evidence” gave negative connotation to them cannot convince the office to change their resolution as any finding made after a preliminary investigation does not destroy the constitutional presumption of innocence of persons accused.
“We find that the evidence against the respondents is insufficient to indict them of the crime charged. This goes to show that the movants could not even be formally charged in court because the investigating prosecutors did not find the evidence submitted to them sufficient to support an indictment,” comment reads.
Berger and Esdrelon filed the motion before the Provincial prosecutor’s Office assisted by their lawyer Glenn Villariza.
They alleged that the phrase “dismissed due to insufficiency of evidence” still carries negative impact, especially in Norway. (FREEMAN)