‘PROOF’ RESTS ON 3 CHILDREN. Police consider murder case solved; Who gets reward?

Posted on February 15, 2011

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By Ador Vincent Mayol, Reporter

The account of two schoolboys and a girl are what Cebu police are relying on when they file criminal charges today against a Norwegian engineer and his Cebuana fiancée.
The children, who cannot be identified in news reports because of their minor age, were brought again yesterday to the
Cebu Provincial Police Office where they earlier viewed the suspects through a one-way mirror.
As cameras flashed, they were shown this time the passports of Norwegian Sven Erik Berger and 24-year-old Karen Castro Esdrelon.
The kids again affirmed their identification of the couple as the ones who drove off with their classmate, 6-year-old
Ellah Joy Pique, who was later killed and found in a sack dumped miles away in the town of Barili on Feb. 8.
“Mao gyud ni sila (They are the ones),” said Senior Supt. Erson Digal, director of the Cebu Provincial Police Office, in an interview of the suspects.  He held up the passports for the young witnesses to see.
“Identified gyud sila sa mga witnesses (They were really identified by the witnesses).”
His co-members of the Provincial Anti-Crime Task Force agreed they had a sure case. Digal said police are not considering any other suspects.
But defense lawyer Salvador Solima cautioned that the children’s  accounts could be manipulated by authorities.
He said his clients were  victims of “mistaken identity” and could prove their day-to-day activities in Cebu City from the time Berger flew in to Cebu on Feb. 7 till the evening the couple was intercepted at the Mactan airport on Feb. 12 on their way to Hong Kong to celebrate their engagement.
The lawyer suggested that the school children, with their young age, were impressionable and could have been confused or prompted by the adults to pinpoint the couple, even if they were not sure.
Criminal charges  will be filed today with the prosecutor’s office, said Supt. Digal.  Under police policy, once a case is filed,  the crime is considered “solved” for the record.
Meanwhile, reward money pegged at P100,000 for information leading to the arrest of Ellah Joy’s killers will have to wait for guidelines of the Minglanilla municipal council.
None of the town officials were ready to declare the bounty ready for release with the latest developments, saying they still had to agree on the criteria and mechanics.
With donations coming in from outraged citizens, a group in Cebu City led by lawyer and columnist Frank Malilong Jr. announced it would raise P200,000 but give it as financial aid to Ellah Joy’s family and use the rest to start a foundation to advocate te protection of children.
Over the weekend, a pimp-informant led police teams in a sweep of beach resorts of Moalboal town over the weekend looking for the perpetrators, who were described as a pedophile foreigner and a prostitute.
Police earlier released sketches of the suspects based on witness accounts of Ellah Joy’s classmates.  They said they were after a a Caucasian man with blond hair and a slim Filipina in her 30s with long black hair.
Lawyer Kit Enriquez, who is assisting Ellah Joy’s  family, said he is certain the children who saw the abduction were being truthful in pinpointing the arrested suspects.
“Their words are very unequivocal. There was no malice in the way they talk. They know these are the people who took their playmate away,” Enriquez said after talking with the children himself.
Supt. Digal was among the guests in a Cebu City forum organized by professionals who wants to raise funds that will be given to Ellah Joy’s family.
As of yesterday, P174,000 was donated by lawyers and private organizations.
“We were aware about the problem after what happened to Ellah Joy. What can we do to stop crimes against children?
That is our biggest challenge,” Malilong, the coordinator,  said.
The advocacy group will also give a reward to those who can help solve the crime, but he said the group has yet to come up with guidelines on how and when to grant the reward.
“We should be sure that those who were arrested are the same persons who were responsible for Ellah Joy’s death,” Malilong said.
Among those who attended the group’s gathering at the Casino Español in Cebu City yesterday were lawyers Democrito Barcenas and Earl Bonachita.
Cebu City Vice Mayor Joy Augustus Young, Mandaue City Administrator Briccio Joseph Boholst, broadcaster-columnist Bobby Nalzaro, and broadcaster Choy Torralba were also there.
Malilong said he was “morally convinced” that Berger and Esdrelon were the real culprits in Ellah Joy’s death.
The answers of the young witnesses “were spontaneous. They were not coached. The witnesses speak the truth,” he said after lawyers interviewed the children at the CPPO yesterday.
Malilong commended the police for the arrest.
“The police did a good job and we would like to congratulate them. My father is also a policeman. I have so much trust in the police. They will do their job with or without any financial consideration.
What motives would they have to arrest the (wrong) person?” he said.
In a separate interview, lawyer Salvador Solima, counsel for the two suspects, asked the police to release his clients, whom he said are innocent of the accusations.
“If only police will check the itinerary of my clients, they would see they are 100 percent innocent,” Solima told reporters.
Solima said he has started gathering  certifications and other evidence from the establishments and restaurants where his clients stayed the past week.
Berger arrived from Norway at around 6:40 pm last Feb. 7.  He and his fiancée stayed at Days Hotel in Lapu-Lapu City then transferred to the Waterfront Hotel in Cebu City the next day.
On Feb. 8, the day Ella Joy was abducted, the couple said they went around Cebu City, visiting Colon Street, the Basilica del Sto. Niño, and Metro Gaisano Colon.
At around 4 p.m. on the same day, the two said they went to a Norweigan school in Gorordo to enroll the nurse for language studies before heading back to the hotel.
The next day, they checked out went to Metro Ayala and the Royal Norweigan Consulate in Cebu so Esdrelon, a nurse, could apply for a tourist visa.  Then they said they took a rented car to her hometown in Tuburan, where they stayed at her home from Feb. 9 to 11.
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