Prosecution in Pique case want bail reconsidered

CEBU, Philippines - Hours after they received the order of Judge Ester Veloso allowing Bella Ruby Santos, the accused in the kidnapping with homicide of a six-year old girl in 2011, private prosecutors filed a motion for reconsideration.

In their motion, lawyers Inocencio dela Cerna and Hazan Bargamento asked the court to reconsider its decision.

“With all due respect to the honorable court, the said finding is contrary settled jurisprudence and the evidence at hand, hence, should be reconsidered,” the motion read.

Last Friday, the 11-page order was received by the parties. In the said order, Veloso said there was no ground to deny the application to post bail filed by Santos.

“Considering that this is a bail hearing, the court finds that thus far, there is insufficient ground to warrant the denial of bail to the herein accused,” she stressed.

Veloso added that based on the evidence presented by the prosecution there was no motive established that Santos and her British boyfriend Ian Charles Griffiths, who remain at large, abducted and killed the victim, Ellah Joy Pique.

Ellah Joy went missing on Feb. 8, 2011. She was found dead the following day in Barili town. Based on the autopsy report conducted by medico-legal-officer Dr. Nestor Sator, the victim died 11 p.m. the day before.

According to the witnesses, they saw the victim get on a vehicle on her way home from Calajo-an Elementary School in Minglanilla town around 4 p.m.

“No evidence was presented to show what happened to the child after she boarded the vehicle, where she was brought, or who was with her at all that time. There are so many possible scenarios that could have happened within those seven hours but the court cannot speculate on that…The crucial moments, between the times the child was taken and the time of her body was found, remain a mystery,” the order read.

Though the court ruled that there was no motive established as to the abduction and death of the victim, the prosecution said there was a motive when state prosecutors indicted the accused and elevated the kidnapping with homicide, a non-bailable offense to the court.

Veloso recommended a fixed bail of P500,000 against the accused for her temporary liberty. The defense team said they will be posting bail next week for the release of Santos, who is detained in the Naga City Jail.

Defense counsel Rameses Villagonzalo told The FREEMAN that the filing of motion for reconsideration cannot stop their client from posting bail.

“That cannot prevent Bella from posting bail. Such motion is a prohibited and dilatory pleading and a clear violation of lawyer’s oath. They are desperate!” he said. (FREEMAN)