Supreme Court affirms Pinay's conviction for killing British husband
A Filipina convicted of killing her British husband in 2002 has lost her appeal after the Supreme Court affirmed the decision of the Court of Appeals.
Evelyn Bohol was found guilty by the Makati Regional Trial Court on Nov. 25, 2004 of having conspired with her boyfriend and two others in murdering her husband, Steven Alston Davis.
On Dec. 28, 2006, the CA upheld the Makati court’s decision, which sentenced her to 40 years in prison.
Court records show Bohol had persuaded Arnold Adoray, Alexander Dagami, and Robin Butas to kill Davis in their home in Makati on the night of July 17, 2002.
During the trial, Butas, who had turned state witness, testified that Bohol had persuaded him, Adoray and Dagami to commit the murder.
Butas told the court Adoray and Bohol were having an affair, and that Bohol had planned to kill her husband so she and Adoray could live together.
It was Bohol who gave Adoray the keys to the Makati apartment, according to Butas.
On Aug. 16, 2002, Adoray and Dagami were charged with murder. During the trial, the charge was amended to include Bohol and Butas as accused.
The court did not convict Bohol with parricide because her marriage with Davis was void since they were married in Hong Kong on March 1997, when she was only 17 years old.
In her defense, Bohol said it was physically impossible for her to have a direct and material participation in the killing of David as she was absent from the scene of the crime.
She was was at home with her children at the time of the commission of the crime, she added.
Bohol said the RTC erred in convicting her as her guilt was not proven beyond reasonable doubt.
However, the SC ruled that evidence clearly shows that Bohol was part of the conspiracy to kill Davis, although she did not directly participate in the commission of the crime.
“First, Evelyn [appellant herein] provided for the effective and compelling inducement for Arnold to carry into effect the killing of Steven,” read the SC decision.
“Second, Evelyn personally summoned and ‘recruited’ Robin to come along with them for possible backup or perhaps as ‘additional ammunition’ in case of resistance or retaliation on the part of their target.
“Third, it is apparent that the three men were not aware of Steven’s location, and thus Evelyn acted as the guide who directed the group towards the residence of Steven at Makati.
“And fourth, Evelyn provided the group with the keys in order for them to enter the apartment with ease and unnoticed.”
The decision was written by Associate Justice Eduardo Antonio Nachura.
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