CEBU, Philippines - Regional Trial Court Branch 6 Judge Ester Veloso has denied the motion British national Ian Charles Griffiths has filed for the trial to proceed.
Griffiths and his fiancée, Bella Ruby Santos, were charged with kidnapping with homicide for the alleged kidnap-slay of six-year-old Ellah Joy Pique in 2011.
Griffiths, through lawyer Rameses Villagonzalo, filed a motion for a chamber conference asking the court where he will be detained while his bail application or trial is pending before the court.
“Comes now the accused-movant, through counsel, unto this Honorable Court, most respectfully states that: Accused relayed his intention to undergo trial. Before that, he requests that the following matters shall be determined, to wit: Place of detention pending bail application/ trial; Schedule of hearings; Complete list prosecution witnesses; Appearance of private prosecutor/s, if any,” the motion read.
Veloso, however, denied Griffiths’ motion. She ruled that the motion is in conflict with the pending case filed before the Court of Appeals (CA).
“Considering that there is a pending case before the CA filed by the accused Griffiths, the filing of the herein motion is not only premature but is in conflict with the pending action instituted before the appellate court,” the order read.
Pique was kidnapped on February 8, 2011 while she was on her way home from school in Calajoan, Minglanilla, and found dead the following day dumped in a ravine in Barili town.
Veloso, after finding probable cause, issued a warrant of arrest against Santos and Griffiths on July 11, 2011, but only the former was arrested while the latter remained at large.
Santos underwent trial where the prosecution presented 12 witnesses to prove its case.
After the prosecution rested its case, Santos, through counsel, filed a motion for demurer of evidence claiming the prosecution failed to prove her guilt beyond reasonable doubt, which the court granted for insufficiency of evidence against her.
After Santos’ case was dismissed, Griffiths sought for the dismissal of his case by filing a motion to dismiss, but Veloso denied the motion citing the acquittal of Santos does not follow his dismissal.
Griffiths filed a motion for reconsideration but it was denied leading them to file a petition for certiorari before the Court of Appeals asking to clear him from the offense charged but the same was dismissed.
A motion for reconsideration was filed before the CA but no resolution yet, said Villagonzalo. (FREEMAN)