The trial against Bella Ruby Santos will proceed even without her British boyfriend Ian Charles Griffiths.
The court yesterday denied the request of defense lawyers to dismiss the charges against Griffiths, who is still abroad.
“What kind of motion is that?” said Regional Trial Court Judge Ester Veloso of Branch 6 with surprise.
“You mean all cases against the accused who are not arrested will be dismissed? Of course not. Otherwise, all the accused would just hide so the charges against them will be dismissed.”
Griffiths, a 51-year-old accountant, has his named posted in the Interpol website’s “red alert list” as being “Wanted by: Philippines.”
The Interpol Red Notice sent earlier to the Cebu police described him as a “Fugitive wanted for prosecution.”
Santos entered a plea of “not guilty” during her arraignment yesterday on charges of kidnapping and homicide in relation to the Feb. 8 disappearance of 6-year-old Ellah Joy Pique, a schoolgirl last seen alive accepting a car ride from strangers while walking home from school in Mingalanilla town.
The little girl’s body turned up the next day in a sack thrown down a ravine on the other side of Cebu island.
Police investigators and prosecutors said they are ready with evidence to prove Santos and her British partner were the couple in the “Pajero” seen driving off with the schoolgirl.
Santos has repeatedly said in interviews that the police have falsely accused them of the crime.
Dressed in a yellow T-shirt, white jeans and white sneakers, Santos entered the court handcuffed and escorted by six jail guards at about 8:30 a.m.
She was in full makeup and wore silver earrings.
After conferring with four defense lawyers led by Rameses Villagonzalo, she stood in front of the judge while the charges were read to her.
When asked how she would plead, Santos started to explain: “Your Honor, I did not kidnap . . .”
She was interrupted by the judge who told her, “Don’t explain. Just answer whether you’re guilty or not.”
Santos quickly answered “not guilty.”
The court denied the request of defense lawyer Ronel Ubod to dismiss the charges against Griffiths.
Since the Briton has not been arrested, defense lawyers pointed out that the court has no jurisdiction over him.
But the judge said she could not simply dismiss the charges against the Briton due to the failure of law enforcers to arrest him.
The judge gave 10 days for the prosecution to comment on the motion to grant Santos bail and a request for marathon hearings.
The hearing is set on Nov. 15.
Efforts to process a “government-to-government” request to Great Britain to send Griffiths to Cebu is still being processed by the Department of Justice, said Cebu Provincial Prosecutor Pepita Jane Petralba earlier.
There is no extradition treaty between Great Britain and the Philippines but the Philippine Center on Transnational Crime directed the Cebu Provincial Police Office director to process the papers so Griffiths will be brought back to the country.
Santos declined media interviews.
The court was filled with spectators, which include supporters of Santos and Ellah Joy’s family led by the girl’s parents Renante and Ligaya.
In an interview, Renante said Santos’ plea of “not guilty” was “expected.”
“Ari na lang ta kombati sa ebidensya (We will have to prove her guilt through our evidence),” he said.
Renante said he didn’t believe the woman deserved bail.
“Papyansahon nato aron na pud atong pangitaon. Makadakop pa kaha ta ana (Should we allow her to post bail so we have to chase her again? Would we still be able to arrest her?)?” he said, referring to Santos’ almost three months eluding service of an arrest warrant until agents of the National Bureau of Investigation (NBI) caught her shopping in a mall in Metro Manila last Oct. 7.
A motion for bail was filed Friday to allow Santos to stay out of jail while the trail proceeds.
Although she is charged with a heinous crime, the 1987 Constitution states that “an accused has the right to bail unless he or she is charged with a capital offense where evidence of guilt is strong.”
“The people’s case (prosecution) is as bogus as a P300 bill,” said Santos’ lawyer Villagonzalo. /Ador Vincent Mayol, Reporter