SAYING they were presumed innocent in the eyes of the law, the Provincial Prosecutor’s Office denied Norwegian Sven-Erik Berger and fianceé Karen Castro Esdrelon’s request to declare them “innocent” in the killing of 6-year old Ellah Joy Pique.
The couple through their lawyer Glenn Villariza earlier filed a motion for the amendment of the resolution to include the sentence “Case is dismissed because respondents are innocent.”
In a two-page comment, Provincial Prosecutor Pepita Jane Petralba said, “To categorically declare herein respondents as innocent of the crime charged against them is beyond the scope, function and jurisdiction of this office as it has no authority to do so.”
She said the “supposed negative connotation” of the word “dismiss” and the phrase “due to insufficiency of evidence” does not destroy the constitutional presumption of innocence of persons accused of a crime.
The presumption of innocence “is not overcome by mere suspicion or conjecture,” Petralba said.
The couple was cleared of kidnap with homicide charges.
Berger and Esdrelon were about to leave for Hong Kong for a vacation when the police came and arrested them at the Mactan Cebu International Airport. REPORTER JUCELL MARIE P. CUYOS