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himself tied the rope to the metal pipe.
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Therefore no elements at all have emerged such as would lead us to
believe that third parties may have intervened in causing the death,
and the way in which Mr. Pedrajas died, as described, conforms to
suicide.[13]
The Italian Medical Examiner further concluded that:
x x x There are no elements which may lead one to suppose/assume the
direct intervention of third parties in causing the death of the young
seaman.
In other words, beyond all reasonable doubt, everything points to
Pedrajas having hung himself in order to commit suicide.[14]
In the case at bar, the CA did not give credit to the report and findings made by the
Medical Examiner appointed by the Italian Court who conducted the autopsy on the
body of Hernani. The CA held that the Forensic Report of the Public Prosecutor’s Office
of Livorno, Italy was “weakened” by the findings of the PNP Crime Laboratory and the
NBI. The PNP Crime Laboratory, in its report, stated thus:
Unfortunately, my knowledge of the case is limited by the fact that I have no
police report and autopsy report done in Italy. I have no pictures of the
following: crime scene, cord/rope, type of knot, position of the body when it
was found. In this case, I only have the body and the verbal information
disclosed to me by the wife and sister of the victim. x x x
To be able to determine if the strangulation is “suicide or homicide,” it should
not be only limited to the autopsy, but it must be based on several aspects
like knowledge of the “crime scene, victim’s behavior and other things
related to it. x x x
xxxx
Based on the following information and physical findings, I cannot
totally rule-out homicide.[15]
The NBI, on the other hand, did not conduct any autopsy of the body of Hernani and
just based their opinion on documents submitted to them and information coming
solely from his relatives. The Medico-Legal Officer of the NBI found that:
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