Ellah Joy Case: Drawing To A Close

[Markham]

Last Monday, Prosecutors found themselves in the acutely embarrassing position of having to inform the Court that none of their four listed remaining witnesses was prepared to testify. They include three CIDG officers and the child witness Angie Bautista whose elder sister gave evidence at the start of the hearings some eleven months ago. But they did manage to get Arnel Pura, the NBI Agent who arrested Bella Santos at SM Mega Mall, listed and he will give his testimony on November 19. His will be the last testimony the Court will hear.

After that final hearing, both sides have to prepare and submit their written demurrers and then Judge Ester Veloso will consider her verdict on whether to grant Bail to Bella Santos.

But will she get it?

By rights, yes she should. All the witnesses put forward by the prosecution have been shown to have little credibility and, in some - probably all - cases, outright lied in Court and in their Affidavits. And it doesn't help that three of those who investigated this case have declined to appear as witnesses. The DNA Test Results which were finally submitted to the Court just a couple of weeks or so ago, clearly showed that the bloodstained samples obtained from Bella's home were not a match for Ellah Joy and the Police found no other evidence that she had actually been there.

But bereft of any real evidence against her, the prosecution will make a very big deal out of the fact that Bella Santos poses a flight risk and therefore bail should be denied. Two points here worthy of note: firstly Bella Santos returned to Cebu on March 13th 2011 after being informed her house had been raided by the Police and her Pajero seized. Is that the act of a guilty or an innocent person? Secondly prior to her being charged, the PNP made a big play on the fact that they were keeping close tabs on her, knew exactly where she was and could arrest her at any time. Yet by simply boarding a plane at Mactan she "escaped" to Manila thereby making the PNP's assurances somewhat vacant.

It has been suggested that it would be a bad career move for the the Judge to grant Bail whilst Governor Garcia reigns at the Capitol but I don't believe that to be the case. She, the Judge, will do what she believes is the right and just thing to do after taking all the evidence into account.

It's my belief that the Judge will grant Bella Santos bail - thereby sending a message to the prosecution that their case against her and Ian Griffiths is very weak - but, as an appeasement, will set a fairly stiff bond requirement. It will then be up to Prosecutors to decide whether or not to continue with a case some in their ranks privately admit is a dead duck. Bear in mind that the Prosecution will no longer be able to call further witnesses or recall those who've already testified. They stipulated at the start of the Bail Hearings that "this" is their "evidence in chief".

[Jollygoodfellow]

Seems to me that no one will ever be found guilty of the murder of a little girl. Why are the witness suddenly not prepared to testify? Why were they testifying in the first place? Other than another case posted here at the moment it would seem that this one is a shambles that give no justice to the deceased.

I believe that the guilty person/s should be committed for such a horrendous crime and not just anyone it can be pinned on but this will be another case that in years to come will only be a faded memory while some bastard walks free.

[Mike S]

I personally feel there is a lot more to this case than meets the eye ..... they have tried in vane to find 4 persons guilty who apparently had nothing to do with the crime but that didn't stop them from flinging accusations and finding supposedly witnesses and evidence that looks like never existed and then lying about it ........ as in a lot of places and crimes committed here in the Phils maybe a little closer to home could provide some answers .... IMHO ..... do I have any evidence or proof ..... NOPE ..... anymore than those who have tried to bring 4 people to trial who have had their reputations and lives totally screwed up because of lack of true evidence .....

I personally don't believe this little girl will ever get justice ...... Just like Eduardo ...... not taking anything way from the little girl here

[Markham]

Then maybe you both share my belief that the real culprit has attended court hearings about this case at least as many times as one of the accused.

[Old55]

Mike and Markham I think the same, that a powerful connected person or family member murdered the child. Hope that in time someone will rat them out.

Edited October 28, 2012 by Old55

[Old55]

Iets just hope "they" don't snach another Foreigner as the perp.

[samatm]

Thanks for the update mark. This is a real mystery. sure wish Columbo, Barnaby Jones, Manix, Magnum Pi, Canon, Charlies Angels and the rest could bring the collective wits about them and wrap this case up in 49 mins !

[Brucewayne]

If you know anyone from that area, they say things that make me believe that the teacher has not been talked to, but the girl was not in school that day and also, the Father and pimp both need to be looked at very hard.

The rumors there have been flying in the same direction ever since the murder, but everyone who talks says they would fear for their lives if they stepped forward.

[Old55]

Pimp?????

[Markham]

Mike and Markham I think the same an powerful connected person or family member murdered the child perhaps in time someone will rat them out.

The person that I am convinced committed this murder is not rich, powerful or particularly well-connected. But he is highly manipulative and was able to take full advantage of certain taboos to deflect the investigation. He handed the Police a scenario on a plate that they were more than happy to run with because it suited local prejudices.

It's pretty clear to me that Ellah Joy was not abducted nor did she board any vehicle on that fateful afternoon but returned home, as she normally did, very likely in the company of her friend and classmate Angie Bautista. It is. of course, entirely possible that a SUV did pass in front of the school that day and momentarily stopped to ask directions. That vehicle wasn't driven by Ian Griffiths and Ellah Joy didn't board it. But the fact that it was spotted outside the school coupled with Ellah Joy's alleged disappearance may have led some to assume the vehicle was instrumentally involved.

By the same token, Ian Griffiths was nowhere near Sayaw Beach later that evening where two witnesses claimed they observed him remove a "white sack" from the rear of his Pajero, set it on the roadside dyke and then push it over the cliff. One of the reasons they gave for being able to clearly see - and identify - him was their assertion that the moon was shining brightly. It is a pity that neither the Police nor prosecuting lawyers bothered to check an astronomical ephemeris to establish the moon's phase, or its rise and set times for that day. Defence lawyers did and in fact the moon, a first quarter crescent, had set almost two hours earlier. With a reward pot to be shared by witnesses of around a million Pesos, it's reasonable to suppose that these witnesses, like others, were less motivated by public spiritedness than their own personal greed.

I don't believe Ellah Joy's death was in any way pre-meditated or caused by any third party but was quite simply accidental albeit entirely preventable. As such, this case should not have achieved the notoriety it has nor should it have affected quite so many people and none of them in any positive way whatsoever. The stigma of being wrongfully charged with abduction and homicide will haunt the two couples who were variously accused, possibly for the rest of their lives. The loss of a well-paying directorship, his own arrest and twelve-week bail, the continuing inability to travel abroad and yet having to meet the costs of fighting an expensive legal case on both his and his partner's behalf in a foreign jurisdiction are direct consequences Ian Griffiths has had to face, whilst his partner, Bella, has had more than a year of her life stolen from her. Sven Erik Berger encountered serious employment difficulties due to his being linked to this case - and maybe he still is. But for the machinations of the real culprit, Erson Dighal might not have lost his job as Director of the Cebu Province Police Office.

Will Ellah Joy ever receive justice?

I fear the answer will be "no". I very much doubt that the authorities would willingly embark on another investigation and another trial so unless someone makes a confession, her death will remain unexplained.

As it is, when the present case does finally collapse, there will be some fallout. There will be those who will claim that 'the foreigner bought justice' and with that kind of rhetoric being expressed, Cebu might not be the most comfortable place for a foreigner to live for a while.