Court asked to drop case against British partner
After the dismissal of criminal charges against Bella Ruby Santos, her lawyers are asking the court to throw out the kidnap and murder charges against her partner British national Ian Charles Griffiths.
“We’re hoping that Griffiths will be allowed to benefit from the dismissal of the charges against Bella,” said lawyer Rameses Villagonzalo over the weekend.
Santos and Griffiths were charged as “co-conspirators” in connection with the death of 6-year-old Ellah Joy Pique, who disappeared after hitching a ride with a stranger on her way home from school on Feb. 8, 2011.
“Considering that there was an alleged conspiracy in the commission of the crime, the dismissal of the case against Bella should apply to Ian as well,” said defense lawyer Julius Ceasar Entise.
Griffiths, who flew to Great Britain soon after the girl’s kidnapping, was never arrested.
Based on the rules of court, the court could not acquire jurisdiction of the accused unless he is arraigned.
“This will be a test case considering that Griffiths has not been arraigned. But we’re optimistic that the court will look into our contentions,” Entise said.
Inhibit
Asst. Provincial Prosecutor Jerome Abraca asked Judge Ester Veloso of the Regional Trial Court Branch 6 to inhibit from resolving the motion to dismiss the case against Griffiths.
The state “fears” that the motion to dismiss will be granted, he said.
Last month, Judge Veloso dismissed the charges against Santos for “insufficiency of evidence.
The judge gave Abarca 10 days to comment on the defense’s pleading.
In April 2011, Griffiths was arrested in his home by the London police in connection with Ellah Joy’s death. He was allowed to post bail. The Philippines has no extradition treaty with the United Kingdom of Great Britain.
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