Suspects seek DOJ review

BELLA Ruby Santos and her British partner Ian Charles Griffiths yesterday filed a petition for review before the Department of Justice (DoJ) in Manila to seek the reversal of their indictment for the kidnap-slay of 6-year-old Ellah Joy Pique.

“We are availing of all remedies for our clients,” said defense lawyer Roberto Rublico.

If Justice Secretary Leila de Lima will rule in their favor, Rublico said “there is a chance that the case will be dismissed.”

But since a case has been filed in court, Rublico said their hopes lie with the judge to whom the case will be raffled.

Charges of kidnapping with homicide were  filed this week against Santos and Griffiths before the Regional Trial Court in Cebu City.

The  case is set to be raffled on Monday. The offense involves a nonbailable crime if the court finds the evidence strong.

Rublico said Santos is willing to surrender if an arrest warrant is issued  for her.

“Bella is in Cebu. We can assure you that,” Rublico said.

In their petition for review, defense lawyers said the British national  Griffiths was denied  due process when he  wasn’t able to answer the allegations against him.

Rublico said  the subpoena sent by prosecutors  to  Griffiths to file a counter-affidavit was not delivered since Griffiths is residing in the United Kingdom, not in Naga City where the subpoena was sent.

Rublico said  Task Force Ellah Joy is “guilty of suppression of evidence” for  not releasing  results of  the DNA tests on  blood samples taken from the Pajero owned by Santos, which police believe was used to transport the kidnapped child, Ellah Joy.

The results, he said, would  show whether the bloodstains came from Ellah Joy.

The defense suspects said  the police haven’t released the results because the findings are negative.

The DoJ has 60 days to resolve the petition for review.

Last April, Griffiths was arrested by police  in the United Kingdom in relation to the Ellah Joy case but was  released after posting bail.

Cebu Provincial Prosecutor Pepita Jane Petralba said she would form a three-member panel to help prosecute the case with the  Children’s Legal Bureau (CLB) when the case goes to trial./REPORTER ADOR VINCENT S. MAYOL