Supreme Court affirms Pinay's conviction for killing British husband
By Mike Frialde Updated January 02, 2009 12:00 AM
A Filipina convicted of killing her British husband in 2002 has lost her appeal after the Supreme Court affirmed the decision of the Court of Appeals.
Evelyn Bohol was found guilty by the Makati Regional Trial Court on Nov. 25, 2004 of having conspired with her boyfriend and two others in murdering her husband, Steven Alston Davis.
On Dec. 28, 2006, the CA upheld the Makati court’s decision, which sentenced her to 40 years in prison.
Court records show Bohol had persuaded Arnold Adoray, Alexander Dagami, and Robin Butas to kill Davis in their home in Makati on the night of July 17, 2002.
During the trial, Butas, who had turned state witness, testified that Bohol had persuaded him, Adoray and Dagami to commit the murder.
Butas told the court Adoray and Bohol were having an affair, and that Bohol had planned to kill her husband so she and Adoray could live together.
It was Bohol who gave Adoray the keys to the Makati apartment, according to Butas.
On Aug. 16, 2002, Adoray and Dagami were charged with murder. During the trial, the charge was amended to include Bohol and Butas as accused.
The court did not convict Bohol with parricide because her marriage with Davis was void since they were married in Hong Kong on March 1997, when she was only 17 years old.
In her defense, Bohol said it was physically impossible for her to have a direct and material participation in the killing of David as she was absent from the scene of the crime.
She was was at home with her children at the time of the commission of the crime, she added.
Bohol said the RTC erred in convicting her as her guilt was not proven beyond reasonable doubt.
However, the SC ruled that evidence clearly shows that Bohol was part of the conspiracy to kill Davis, although she did not directly participate in the commission of the crime.
“First, Evelyn [appellant herein] provided for the effective and compelling inducement for Arnold to carry into effect the killing of Steven,” read the SC decision.
“Second, Evelyn personally summoned and ‘recruited’ Robin to come along with them for possible backup or perhaps as ‘additional ammunition’ in case of resistance or retaliation on the part of their target.
“Third, it is apparent that the three men were not aware of Steven’s location, and thus Evelyn acted as the guide who directed the group towards the residence of Steven at Makati.
“And fourth, Evelyn provided the group with the keys in order for them to enter the apartment with ease and unnoticed.”
The decision was written by Associate Justice Eduardo Antonio Nachura.
12 comments:
Hi labmice.
I have been following this murder case with much interest since it was first screened as a documentry on the televison in the uk in 2004I have also read the book that followed the documentry. My first opinion of this was that it had been put together just for entertainment. As i simply couldnt believe it. If this is indeed a true story then i do feel sorrow for stevens family. I dont know all the facts sorrounding the event but with the facts that are included in the documentry and book. i dont believe Evelyn is guilty of the murder. I also believe Evelyn simply had nothing to do with the murder of her husband steven. The whole story is just a complete shambles.
Anonymous: I am stevens father and can assure you ALL of the book and Tv program is NOTHING but the truth. As for you stating it was made for entertainment, that is ridiculous in the extreme. Try telling Stevens children that it isnt true. They have been robbed of a loving father and a life with him. Your comments do nothing but show you are a heartless and arrogant person who obviously would see the truth if it bit you in the ass! If you cant keep your response positive keep them to yourself. How DARE you suggest this story is not true!
Re Steven davis. from his mother
I suggest you read the story again and ask why the evidence pointed to Stevens wife and accomplices. You obviously have no comprehension skills or you would have drawn the conclusion that it is not normal in the Philippines to snitch on one of their own but, the family of Evelyn also saw the evil and helped with the justice for Steven. If you saw the documentary you would have seen that Steven was a warm generous loving father who a day before he died told me how much he loved Evelyn and his family. We are all entitled to our opinions I respect that and you can believe and be deluded as you want but such negative attitudes as yours only describes the person saying them. I think you need to look at the evidence of the case again because your ridiculous opinion contradicts and undermines the Supreme court and witnesses that were there.If you still think the Story is a shambles talk to me his mother and explain to his children whe were there .. Stevens Mother.
firstly thank you for your reply to my past comment.Please forgive me; my intentions were nether ment to come across as being arrogant.If you read my earlier comment once again. you will see i have great sorrow for steven`s family, and for the loss of steven in this way. The pain and suffering you have been through. But people being people, they sometimes make mistakes.
Can you explain why you have lied claiming to be Steven`s father? To my knowledge Stevens father passed away quite a considerable time ago? Also you say Steven told you on the previous day before he died that he loved is wife Evelyn and his Family. Considering the informatiom within the television documentary and book, that dosen`t appear to be the truth either. Have you forgotten somthing. What was actually portrayed in the documentary and book about their relationship from yourselves and Stevens past friends and witnesses? It`s quite simlpy should have had nothing to do with anyone else about how their relationship was other than Steven and Evelyn. It isn`t me whos deluded; my only interest and concerns are the truth. I said in my past comment i dont have all the facts about the case. I am some what puzzled though by certain facts about the case. Sorry but my opinions still remains the same Evelyn is innocent.
There is an old saying that if you do tell lies then truth may creep up on you sometime later and bite you right in the but!
I am Stevens Mother. the person you refer to is Stevens stepfather who adored him very much,
You can think what you like and you are entitled to your opinion. But you need to think carefully that ones own opinion is sometimes best left to themselves. I know the truth, and I commend you for either being unique or stupid because with the evidence produced you are the only person that seems to have doubts.
You are correct on one point 'you do not know all the facts' Quite frankly if you are deluded enough and not have intelligence to work out probabilities and draw a conclusion on facts ,then maybe you should keep opinion to yourself as they are neither helpful or reasonable.
And why are you not prepared to put your name to your views
I hope that your parents never come across the same fate as ourselves
Stevens Mum.
i am sorry but i will put my name to what i have to say
i am new to this blogging thing soon as i get me account up and running then i will put my name to it
why are so many people in our country so self-centered? you say earlier that my ridiculous opinion contradicts
and undermines the supreme court and witnesses that were there. Believe me i know what your feeling are about
the filipino people. i know most of them are honest hard working people?. There is bad and good in every country. Sometimes in our own country there are miscarriages of
justice. just to mention two people Stefan kiszko. And charles-de-menezes What about their dear mothers. Fortunately my family have not had to deal with the problems you have had.I can only sympasise. But please don`t insult my intelligence.
http://www.innocent.org.uk/cases/stefankiszko/index.html
http://www.prisonplanet.com/police-shot-jean-charles-de-menezes-dead-without-giving-any-warning.html
ahh whats happend to stevens step father, as he been sent him to the naughty room for telling a lie.
blimey marg? theres no stopping you. Dont you think you`d better go check on him. we haven`t heard from him for quite sometime now.
How about martin i read somewhere that hes had to leave the philippines pahaps hes gone to a remote island to hide.or even on a picnic with ronnie you know steven old buddy!!!
am waiting for your next move i play chess too
hello Mike glad you found the time to view. hows the business doing now you are running by it yourself?
Hope you can manage to drop in from time to time
Do let Marg know Evelyn's doing fine, she really enjoyed receiving the 34 lovely photos of the children. LoL
Do you people have a facebook fan page? I looked for one on twitter but could not discover one, I would really like to become a fan!
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