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- [00:02]
Narrator
Cadence Productions.
- [00:04]
Rich Thompson
Before we begin a warning. This podcast contains descriptions of sexual violence. Listener discretion is advised. The Philippines, 1994. It is a stormy summer afternoon. An eight year old Kathleen Kath for short, stands in the street with her head tipped back and her arms outstretched. Her eyes are closed and there is a look of peace on her small face. She has been waiting for this moment, waiting for the sky to break. Kath isn't alone. Beside her is a boy, only a year older than her, called Frank. Every summer he is by her side in the sunshine and in the rain. Kath grabs Frank's hands. They move their feet in tandem to the pounding beat of the rain on the ready earth. Their toes squelch deep into the wet fresh soil. The water streams down their faces like tears of joy and together they dance. Cath grows up in the bustling city centre of Manila. But each summer her family returns to the countryside where her parents come from. And it is all made so much better by the presence of a very particular person. Though Kathleen and Frank meet when they are only children, their relationship grows and endures. Cath is from a conservative family. She attends an all girls Catholic school in Manila. For a while, Kath considers becoming a nun.
- [02:06]
Kathleen (Kath) / Attorney Kath
I think just growing up I also wanted to become a nun because I guess I've always had a heart for preserving the poor.
- [02:15]
Rich Thompson
But when she turns 15 years old, she begins to see Frank in a new light. At the age of 19, they become boyfriend and girlfriend.
- [02:26]
Kathleen (Kath) / Attorney Kath
So becoming a nun, it became out of the question. I didn't want to become a nun anymore. I pursued my law studies.
- [02:38]
Rich Thompson
Their career paths are very different. Cath has been studying law. Frank is the third officer of a ship, newly promoted to a junior officer. Frank is a seafarer, a sailor, and he must soon leave for a 10 month stint at sea. But he wants to give Kath something before he leaves. He wants to ask her a question. He wants to ask her to marry him. And he knows just how to do it.
- [03:07]
Attorney Ray
I didn't have a lot of money then. It wasn't a very expensive piece of jewelry, but it was very beautiful. It had three small diamonds in it to symbolize the stars, Orion's belt. Because he was a seafarer. So I told him, every time we look at the sky, at the night sky and see that three stars, we're looking at the same thing. Even if we're half the world away from each other, we're both looking at the same object in the night sky.
- [03:41]
Rich Thompson
Frank must leave on his journey. But when he returns. They will marry. By now, Kath has finished law school. In fact, she's just passed the bar on her first try. She is elated. A new future awaits them both together. For the first couple of days after Frank boards the ship, they message and call one another. But on the third day apart, Frank's responses suddenly stop. No matter how many times Kath tries to contact him, he does not reply. Kath senses something is not right.
- [04:32]
Kathleen (Kath) / Attorney Kath
During that time when he was no longer responding to my texts and calls, I actually felt that something very wrong had happened to him. And then after 10 days, I was told by the family and by the manager of where he worked that he hung himself. I knew that that's just not possible. That's not him. I know this man. I know he couldn't do that to him. He was newly promoted. I just passed the bar and we were about to get married, so there was no way that he could do that to himself.
- [05:21]
Rich Thompson
Kath suspects foul play from the beginning. Her heart knows it and her newly found lawyer's instincts know it too.
- [05:29]
Attorney Ray
So there were evidence missing. The chain of custody was really messed up.
- [05:35]
Kathleen (Kath) / Attorney Kath
We know, we, we always knew that.
- [05:37]
Attorney Ray
There was a cover up. And the company offered to pay the full amount of the insurance if somebody would kill himself. You're not entitled to receive insurance, right? But why would they pay the full amount? They pay the family more than 5 million pesos. There's foul play.
- [06:01]
Rich Thompson
Frank is autopsied twice. They find bruises on the back of his legs and there are signs he was hit by a blunt object.
- [06:09]
Attorney Ray
That was the darkest day of my life when I saw him at the airport inside a coffin.
- [06:18]
Rich Thompson
It's a cover up. Kath is convinced of this.
- [06:22]
Attorney Ray
His job required him to check the containers every once in a while, so he probably discovered something illegal. This is not verified, but we think that he died because he discovered contraband inside the ship. He discovered illegal drugs.
- [06:38]
Rich Thompson
Kath tries with everything in her to secure justice. She personally visits witnesses, houses, trying to convince them to testify, but fearing for their own lives. Nothing she says, can compel them to come forward.
- [06:54]
Attorney Ray
If we're fighting an organized crime syndicate, then you can expect that they will hunt you. They will not leave you in peace. And I'm not surprised that their families didn't want them to get embroiled in a legal case. And I can forgive that.
- [07:16]
Rich Thompson
The case is eventually archived.
- [07:19]
Attorney Ray
And I think my thirst for justice, my hunger for justice deepened. It grew after that.
- [07:29]
Rich Thompson
From that moment on, helping the forgotten, the downtrodden and the abused, those that have been mistreated. This is no longer just Kath's ambition. It is now the fight of her life.
- [07:43]
Kathleen (Kath) / Attorney Kath
I developed a personal passion and enthusiasm for advocating for the rights of victims of heinous crimes.
- [07:51]
Rich Thompson
And her first battle is closer than she knows. Not so long after Kath loses her fiance at sea, another young girl prepares to board a ship to take her to a life she will spend the next six years trying to recover from. And Cath will be there to help steer her to the shore. From Cadence Productions this is Finding Ruby.
- [08:26]
Narrator
I put it on the altar though it was mine.
- [08:30]
Rich Thompson
A true story of loss and trauma at the hands of one of the world's fastest growing crimes. But also a story of triumph, of rescue and resilience. This is the story of 16 year old Ruby thrown into the fight of her life and of those who have chosen to come alongside her and make it the fight of their lives too. Episode 5 the trial as the rescue team pulls up outside the house in public hunger, 27 year old Cath rubs a hand across her dry eyes. She is both wired and tired, running on only a couple of hours of sleep. Just three days into her new job as a lawyer with IJM and she has hit the ground running, sprinting from the outside. She can't tell anything in particular about the house. It certainly doesn't look friendly, but surely it can't be as bad as they've all been preparing her for. When the team are given the signal to go, she follows them through the front door. Immediately she is shocked.
- [10:10]
Attorney Ray
When I went inside, I felt the hair on my arms rise. I had goosebumps, it was cold, was dark. And when I went inside the room, the crime scene, I saw that sex toys were scattered on the floor and there were laptops, web cameras sitting on the floor with mattresses sprawled and blankets and rugs and it was really scary for me. That's something I will never forget.
- [10:57]
Rich Thompson
It is inside the house amidst the chaos of the rescue that Kath and Ruby come face to face for the first time. Ruby is undernourished, her long hair is wet. It is clear she isn't prepared for their entrance. But even so, Kath sees a spirit, steady fierceness inside her. There is something unusual about this girl.
- [11:21]
Attorney Ray
Even when I first saw her, I already felt that she was different. She had this aura of bravery or courage. She's not. She's calm and collected. She wasn't panicking. Like the rest of the victim survivors that we rescued that day.
- [11:44]
Rich Thompson
Ruby is taken to the Department of Justice, where eventually Kath takes her statement. She listens as Ruby details the horrors of the last two months. Kath doesn't need to ask how badly Ruby wants her perpetrators brought to justice. She can see it. After two days at the doj, the rescued girls are moved into protective custody at the Department of Social Welfare and development, or the DSWD as it's known for almost 12 months. This facility becomes Ruby's new temporary residence. And though she is beyond grateful to be safe and free from exploitation under the care of the government, this new space comes with its own challenges.
- [12:44]
Ruby
We were actually really crowded. In one DORM There was 96 of us who were staying there and then on the other dorm there was like 80 girls staying there also. So it was really crowded. It was arranged like double decked beds were arranged in a row. There were girls who were sharing a bed because it's too crowded.
- [13:13]
Rich Thompson
Ruby is no longer locked in, no longer made to do acts against her will. But this new stage of life has its own very real feeling of constraint. There may not be curtains blacking out the windows, but it is still hard to feel the light.
- [13:30]
Ruby
I'm not sure of what the future has for me. Like it's just like I'm existing. But yeah, I don't know the purpose or the meaning of my existence.
- [13:47]
Rich Thompson
Everyone there is waiting for something and none of what has brought them there is good. Some of the girls there are victims of violent crimes. Sadness and trauma lingers on all the surfaces and over it all is a heavy blanket of boredom. There is a repetitiveness to the girls daily routine, a monotony. Each day the girls wake, eat, exercise and return to their crowded dorm.
- [14:20]
Ruby
And we don't have a lot of things to do there. So every day is like the same. So that's. That made it harder for us or for me. I was bored. I don't know what to, you know, I'm like, I'm slowly losing hope. During that moment.
- [14:41]
Rich Thompson
You said one thing that was keeping you going was justice. The justice. What did you hope would happen to your perpetrator?
- [14:51]
Ruby
So you know, the, the hardship that I experienced in that center adds up the hatred that I'm, you know, that I had towards them. And so there's only one thing that I want to happen to them during that time. I want them to be imprisoned. I want to see them, you know, leave behind bars the rest of their lives. I don't care, like how hard would it be them, like how would it be for their family? Yeah, I just want them to be punished for what they did. Not just for me, but for the other girls.
- [15:27]
Rich Thompson
We need to remember that Ruby is young. She's just 16. During this time at the DSWD, she has no friends or family in Pampanga. She's only been in this province for a few months. And all of it has either been spent in that house being abused online or in the dorms at the dswd. And remember, she's still dealing with the loss of her parents and having to leave her home. That's all still fresh too. Any bitterness that is welling up in Ruby is understandable. The thing about Ruby is, despite all this, or maybe as a result of all this, there is a fierceness, a resolve that grows steadily in her. Many of the girls rescued from that house have chosen not to testify against Nadine and Pedro again. This is very understandable considering their age and everything they've been through. But when Kath approaches Ruby, it's a different story. So you ended up choosing yes, I will testify. Yes. And why did you make that choice?
- [16:46]
Ruby
It's because. It's because I see, like how broken those lives that was affected by what they did. And I want justice for that. I want them to be punished by what they did. And to me, yeah, that kept me going. I just didn't look at myself like what happened to me. I was also considering those other girls that was rescued with me, so.
- [17:17]
Rich Thompson
So you felt like for the sake of the group, you needed to speak up?
- [17:25]
Ruby
Yes. And I was also thinking of the other people that, you know, that they might victimize in the future also. It has to stop right there.
- [17:40]
Rich Thompson
But as we all know, it's one thing to desire justice and a whole other thing to actually obtain it. And what Ruby didn't yet know was that standing in between her and justice was a rising, formidable force. A power that none of them saw coming. When Kath finds out who the opposing lawyer is, her heart sinks. Kath, remember, is a rookie. But even though she is new to ijm, she is familiar with the reputation of her opponent. They've hired one of the best lawyers money can buy.
- [18:32]
Kathleen (Kath) / Attorney Kath
He was a male veteran lawyer who was quite popular in town. And he was really aggressive and short tempered. He was. He was often arrogant and he displayed harsh and insulting demeanor towards his opposing counsels and their witnesses, even to court staff. And he. He had the propensity to twist facts, ascribe malice, and muddle the issues of the case. He loved bullying and badgering witnesses for the prosecution. So I was a bit worried for.
- [19:02]
Rich Thompson
He is a veteran, a tall, imposing man who is used to throwing his weight around. Lawrence Aratao, now the director of prosecution and Aftercare, the senator to end osec, had spent years in the courtroom representing survivors of exploitation. He was very aware of this opposing lawyer's reputation.
- [19:26]
Lawrence Aratao
So very prone to, I guess, letting the whole court know that he's an incredible defense lawyer, finding ways to show how, how brilliant he is.
- [19:36]
Rich Thompson
He is determined and brash. Attorney Ray, who helped oversee the search warrant, knew that he would not be afraid to use any means possible to free Nadine and Pedro.
- [19:51]
Lawrence Aratao
All kinds of legal strategies to delay the case and of course, have the case dismissed.
- [19:59]
Rich Thompson
The fierce battle starts immediately. He wants to stop the case from reaching the court at all. Motion after motion is submitted. All he needs is for one of these motions to stick and he'll be able to undo the whole case and have it thrown out. On July 26, the accused submits a motion for re investigation. On September 23, the accused submits a motion to quash the search warrant and therefore invalidate all evidence obtained under. On October 11, the accused submits a motion to quash some of the information found as irrelevant to the case. On October 29, the accused submits a motion to remove Cath as the attorney. And one more. On December 19, the accused submits a motion to suspend a trial date until all motions presented are resolved. It is a sharp learning curve, but though the motions are frustrating, Kath does not let them silence her. By 21 May, after Kath and her team had systematically dealt with each motion, filing counter arguments at every step. At last, all the motions presented were denied. A trial date is set for June 25, almost one year since the rescue took place. The opposing lawyer is furious. He now intently begins work on preparing for the trial. His primary strategy is to undermine and humiliate each of Cath's witnesses, including her star witness, Ruby. Kath needs to make sure Ruby is ready for the onslaught that's coming her way. When Kath sits down on a hard chair across from Ruby at the dswd, she senses a simmering tension beneath Ruby's still surface. Kath is patient and caring. She guides Ruby at each step.
- [22:32]
Ruby
It actually felt like being in a movie, Rich. You know, I didn't have any clue or idea like what's going on inside courts and attorney Cath. It was like a student and a teacher relationship that I had with, with attorney Kath.
- [22:52]
Rich Thompson
Kath and Ruby meet several times in the lead up to Ruby's first court appearance. But Still, Kath has this niggling feeling that she may have not done enough to prepare her. In particular, there is one moment that she worries about. The moment when Ruby will need to, in front of the court, identify her perpetrators. By pointing at them, by looking at them. After all the trauma Ruby has faced, how will she hold up in that moment? June 25th is fast approaching. When the time finally comes, will Ruby really be ready? Can anyone ever be?
- [23:38]
Lawrence Aratao
Colonel Jessup, did you order the Code Red?
- [23:41]
Rich Thompson
You don't have to answer that question. I'll answer the question.
- [23:44]
Ruby
Question?
- [23:45]
Lawrence Aratao
You want answers? I think I'm entitled.
- [23:47]
Rich Thompson
You want answers? I want the truth. You can't handle the truth. Courtrooms are very intimidating places. Not many of us are as comfortable as Tom Cruise and A Few Good Men. I've often thought that courtrooms are like hospitals. It's rare that you're going inside one for a pleasant occasion. And when you do go in, it feels like you're about the only person who doesn't quite know what's going on. Where are we at the moment?
- [24:19]
Lawrence Aratao
We are at the hall of justice.
- [24:23]
Rich Thompson
In Angeles City, Pampanga.
- [24:26]
Lawrence Aratao
It's the Chief Justice, Jose Abad Santos hall of Justice.
- [24:33]
Rich Thompson
That's Reb Besilen from ijm. He took us to the courthouse where Ruby's case was held. And this is the very spot where Ruby came in and confronted her traffickers. It is indeed a very intimidating place. Armed guards, flanked by tall Roman style pillars stand at the top of the stairs leading into the foyer. Inside, the marble floor of the large open foyer turns every step, every hushed word into an echo that seems to amplify its significance. The courtroom itself is a lot smaller than what I had thought it would be. There are three long wooden benches. They almost look like church pews, directly behind a desk where the prosecutor and defence sit side by side. The thing that strikes me is how close everything is. How little space there is between the perpetrators and those bringing them to trial. There's not much room to hide. In front of this desk is a wall made of see through plastic dividing the judge, the bailiff and the court reporter from the rest of the room. The only windows offering a glimpse of the outside world are behind them. Again, we've taken some photos and put them on our website so you can see for yourself. I bring all this up because I think it is important for us to have in our mind what Ruby was physically faced with on the day when she testified. And I asked Lawrence Aratao to help us understand what children like Ruby are faced with emotionally too.
- [26:23]
Lawrence Aratao
When they, by the time they're asked to go to court, if they're asked to go to court. So we try to keep them away from having to be in court as much as possible. That's one thing. Only in the rarest circumstances where there's no other alternative will the prosecutor ask a child to appear before them and then in court again only if, let's say the judge says, you know, we really can't get around it, gonna have to see the child. And even then we have many prosecutors that will advocate for alternative ways to get what's required. So what is it like for them? It's important to think that by the time they're presented in court they've already been pulled out of the or rescued or removed from the situation that where they were being exploited and that removal is tumultuous. So by the time they testify they've gone through that. If they testify, they've got to be ready and the social worker and even the prosecutor, they're not going to call the witness unless they feel that in this case they're ready and I'm not going to be harming them by presenting them.
- [27:42]
Rich Thompson
June 25, 2014 Pampanga Regional Trial Court Kath arrives early and waits in the justice hall for Ruby and her social workers to arrive. To call this a big day is an understatement. Ruby has admitted to Kath in their preparation sessions how she is both angry and fearful of her perpetrators. This will be the first time Ruby has seen them since the rescue. How will Ruby react?
- [28:13]
Ruby
Because honestly, every time I see my perpetrators faces it actually gives me chills like you know, the desire within me to just grab my, you know, the lady boss's hair, you know the anger is still with me, I mean within me. So it's really hard to have a self control also and at the same time I'm actually scared to be with them.
- [28:45]
Rich Thompson
When Ruby at last approaches the door of the building, Kath rushes forward to meet her, her heels echoing on the floor. Ruby is pale. Kath learns she was sick during the drive.
- [28:58]
Kathleen (Kath) / Attorney Kath
We held hands as we entered the justice hall that morning. I remember Ruby's hands were cold and clammy. I was telling her to relax, that we're here to protect you and to have faith that she was only there to tell the truth, nothing more, nothing less.
- [29:15]
Rich Thompson
She ushers her into a private waiting room at the side of the court. She can stay here until her presence.
- [29:22]
Kathleen (Kath) / Attorney Kath
Is required because I didn't want her to run into her perpetrators. In the lobby or in the corridor.
- [29:30]
Rich Thompson
ACcompanying Ruby are two social workers, one from IJM and one from the house where she is staying. This social worker has become something of a surrogate mother to Ruby.
- [29:42]
Narrator
She was so nervous. We were both like, I have to hold my hand. We can do this. Yeah, we can. And we talk about the things that can remind her of how brave she is, is reminding her of her feats, reminding her of the things that she has overcame. She overcame. And before we get into the courtroom, we pray with our social worker. And when we get there, it's like for like alliance, like nobody comes to be in front of us, we're fine.
- [30:24]
Rich Thompson
But when it comes down to it, though, they can be there to support her. None of them can do what she needs to do. None of them can stand before the court and testify to the terrible wrongs she has suffered at the hands of others. Ruby alone is the only one who can do this, and she is just 16 years old. Eventually, the judge calls for the first witness. It is time for Ruby to testify. When Ruby moves to take the stand, Kath is aware of her whole body tightening in anticipation. A familiar adrenaline kicks in, accelerating her heart rate, quickening her breath.
- [31:37]
Kathleen (Kath) / Attorney Kath
And she held her head high as she sat on the chair, placed one hand on the Bible and swore to tell the truth and nothing but the truth. The rule on examination of a child witness was applied. The judge excluded the public from the courtroom. She came down from her from the podium, took off her judicial robe and allowed Ruby to turn her back against the accused while she gave her testimony.
- [32:02]
Rich Thompson
With her back to her perpetrators. Ruby begins. She is without a doubt nervous and her hands tremble visibly. But fear is not the only emotion that accompanies her. Her presence has a tangible effect on those around her.
- [32:18]
Narrator
Of course she was shaking, but there's so much conviction, there's so much strength and courage and so much. She was so sure about her testimony and she said it with so much courage. And I think, yeah, she's really decided that she wants justice. That's exactly what I see in her.
- [32:48]
Rich Thompson
And then comes the moment when Ruby is asked to identify her perpetrators. It was a moment that they had rehearsed over and over on the car ride trail.
- [32:59]
Narrator
Because this is what we've talked about when we were in the van, when you were asked going, when you're going to be asked to point fingers on that, make sure that you look at it, look at them with no fear. We'll just talk about the fear later. We'll Just talk about the fear later. But look at them.
- [33:18]
Rich Thompson
Ruby turns around and with the kind of courage well beyond her years, faces her perpetrators. She points at them.
- [33:33]
Ruby
I don't know where I took up the courage to look at their eyes and really point at them. Like the two of them.
- [33:40]
Narrator
Yes.
- [33:41]
Ruby
Yeah. I looked in their eyes and I actually saw that they were looking down. They were looking down. They did not, you know, I think had the confidence to look back at me.
- [33:58]
Narrator
It's like they're no longer in control. Yeah, I think the word is sheepish.
- [34:05]
Rich Thompson
Of course, they have their reasons for this. The sentence they potentially face is harsh. Nothing less than life in prison. But their lawyer is determined to not allow that to happen. When at last it is his time to question Ruby, the opposing lawyer has no qualms about bringing the full force of his power to bear on her. It is brutal for Ruby's support team to watch as he hits Ruby from. From all sides. The large man circles Ruby like a heavyweight boxer. Kath notices that beneath his glasses, his eyes are bloodshot and watery. She wonders briefly if he is unwell. He pounces with bare, brutal force. He shouts and yells. Kath leans forward, following the action intently, objecting at every opportunity.
- [35:10]
Kathleen (Kath) / Attorney Kath
And sometimes this lawyer got away with it over my vehement objections because the judge allowed him to. But at other times, we would put him in his place.
- [35:22]
Rich Thompson
To look at her. Cath is a petite, elegant woman with long dark hair and a warm, ready smile. And with those she represents, like Ruby, and also with her team members, she is unendingly empathetic. But when she enters the court, she knows how to bring the fire. Perhaps this is why they call her.
- [35:47]
Lawrence Aratao
They call her Dainty Dragon.
- [35:49]
Rich Thompson
The Dainty Dragon.
- [35:51]
Lawrence Aratao
She has a gentle spirit. But in court, she's the fiercest lawyer, the bravest lawyer. I think even the legal defense counsel feared her. If she has to unleash fire in court, she will. And if she feels that the judge will respond to it better, she will. And so it's a total strength. It's a total strength and I think, just in general, very loving person and. And the kind that you would want as your lawyer.
- [36:30]
Rich Thompson
Inside the court. Attorney Kath may be a dragon, but ultimately, at the end of the day, she is human. She feels the weight of what she is fighting against.
- [36:40]
Kathleen (Kath) / Attorney Kath
Well, there were times when I doubted myself. I doubted if I was enough. I say that there were times when I doubted myself because there were times when the child sexual exploitation materials that I was exposed to was just too much for me to bear. Well, at that time, that's what I thought, that it was too much for me to bear. I had to go through hundreds or thousands of videos just for one case. It really took a toll on me, on my emotional health at the time.
- [37:20]
Rich Thompson
And there are physical costs to her work too. During her early years in Pampanga, Kath lives alone, often returning home as late as midnight, always looking over her shoulder.
- [37:34]
Attorney Ray
Attorney Ray was worried for my safety because there were many times when I would become. I would get too aggressive in court, so I would hurt the feeling of the relatives of the accused. And so sometimes in Kapampangan dialect, the security, the bodyguard who's with me during the hearing would hear that these people want to kill me. They're not death threats, but they're whispering amongst themselves how much they hate me.
- [38:02]
Rich Thompson
That doesn't bother you? That doesn't put you on the time?
- [38:04]
Ruby
No.
- [38:06]
Attorney Ray
I was too brave sometimes to a fault.
- [38:12]
Rich Thompson
She is aware her role does not make her popular. To some, she is the worst type of enemy. But for others, to the ones who count, she is a refuge. And for this she is willing to risk whatever it takes. And it turns out that Kath and Ruby make a formidable team.
- [38:37]
Kathleen (Kath) / Attorney Kath
Ruby boldly, courageously and truthfully narrated her story. No matter how hard this defense lawyer tried to pervert the truth by asking irrelevant, improper and misleading questions, Ruby was able to explain her answers well. And Ruby was steadfast in her answers during cross examination. She answered in a straightforward manner and with conviction. She was not embarrassed nor intimidated at all. Rich. I think it was the other way around. The defense lawyer could not badger or cower Ruby. Ruby definitely knew what she was saying and understood what she was fighting for.
- [39:20]
Rich Thompson
The case continues on in spurts for the next three years, constantly interrupted by stalling town tactics from the defence. Ruby is called in multiple times by the defence lawyer and each time she grows in confidence.
- [39:38]
Ruby
Like, he was so frustrated that I was able to answer all of the questions that he was throwing at me and not feeling intimidated at all. And I was even looking straight at his face while answering him.
- [39:55]
Rich Thompson
Eventually, her steadfastness drives him to rage. Ruby remembers the moment when his anger boils over and he loses control completely.
- [40:05]
Ruby
He banged the table in frustration.
- [40:10]
Rich Thompson
That must have felt pretty good to see him frustrated.
- [40:15]
Ruby
Yes, I was actually. I was actually laughing. Inside though, I'm really nervous.
- [40:26]
Kathleen (Kath) / Attorney Kath
Ruby is unique. I mean, in general, victim survivors would feel despair if the case would go on for more than two years, because more often than not. They would. They would. Would ask me, how long will this have to be before this ends? Because I want to be able to sleep well at night. I want to be able to move on. I want to move past this. I just want to go on with my life. But Ruby is different.
- [41:03]
Rich Thompson
Personally, I have learnt a great deal from Ruby and Cath in particular. I have learned that pursuing good, pursuing justice takes a certain kind of bravery and resilience, a steadfast commitment that means you show up each day even when you don't know what the outcome will be, even in the face of powerful opposition. And you don't just endure the opposition, but you allow it to refine you and grow you.
- [41:39]
Kathleen (Kath) / Attorney Kath
I think as time passed, Ruby became more empowered. And during that four year period of time, Ruby was able to encourage other victim survivors as well. Inside her shelter, inside the shelter where she stayed at, Ruby really serves as the voice for those who cannot speak for themselves. I've seen that.
- [42:04]
Rich Thompson
Of course, others took the stand for the prosecution too in this time, including two of the other girls rescued and senior officer Henry Castroverde. And there was one more key turning point we want to tell you about. A digital forensic examiner, Nerissa Salcedo, was presented for the first time concerning digital evidence found on the hard drives. This was a pioneering move from Catholic. The damning evidence was presented in open court. And with the defence unable to find any holes in any of it, the case was looking stronger and stronger. Eventually, the belligerent defence lawyer has enough. He files one more motion. It is in relation to human, his own departure from the case.
- [42:58]
Kathleen (Kath) / Attorney Kath
This defense lawyer eventually filed a motion to withdraw his entry of appearance as defense counsel. He gave up. He simply gave up. The other lawyer said that he backed out because he couldn't take it anymore. He knew that he would lose the case and he didn't want to lose.
- [43:17]
Rich Thompson
So you date him.
- [43:19]
Kathleen (Kath) / Attorney Kath
Ruby had this effect on that lawyer. That's why he backed out.
- [43:25]
Rich Thompson
With the opposing attorney standing down, things start to change. After lagging for so long, the case takes a sharp turn. A younger attorney from a new law firm takes the older man's place. And he approaches Cath with new energy and direction. He has a proposal for them. He asks if they will accept a plea bargain. This new offer will speed up the case considerably and it would result in Ruby and the other girls being paid compensation. In many ways it sounds ideal, except for one major point. And it is major. If they agree to the plea bargain, the perpetrator's sentences will be dramatically reduced. From life to 15 years. At first, there is a feeling of unreality.
- [44:22]
Narrator
We were like, really? Is this really happening? And Ruby was like, what is it? How am I supposed to respond to this?
- [44:32]
Rich Thompson
We need to realize just how significant this moment is for Ruby. For four years, years, she had been imagining Nadine and Pedro being put behind bars for life. After everything they had taken from her and from the other girls in captivity. It seemed right and fair. The scales of justice would be balanced. And so what was at stake was actually a sense of justice, of wrong being made right. For Ruby to agree to a lesser penalty of 15 years, she would essentially be agreeing to forego the full measure of justice that could be allotted in a very real and tangible way. Ruby would be absorbing some of the punishment that they deserved. It would take a significant measure of grace and forgiveness. The other two girls look to Ruby for guidance to know what to do with this offer. Ruby recalls this time as one of great unrest, of inner turmoil.
- [45:45]
Ruby
I actually fought a lot with myself with that on that idea. It was like, will they be worth, you know, will they be worth forgiving? Are they not? Like, will they not really do it again?
- [46:02]
Rich Thompson
Attorney Kath has brought the girls this far and will continue to fight for them come what may. But this decision is not hers to make. She is not the one that has to live with the consequences of it. Kath leaves the decision in the girl's hands. And what Ruby does in that moment, what happens next is still talked about in the halls of IJM today on the next episode of Finding Ruby.
- [46:38]
Kathleen (Kath) / Attorney Kath
But as for Lawyer Rich, I actually tried to stop Ruby. I was thinking that the encounter might just cause her further trauma.
- [46:50]
Rich Thompson
Finding Ruby is a project of Cadence, a creative agency for Good in Sydney, Australia. This podcast is written and edited by Nikki Florence Thompson and me, Rich Thompson. Sound design and mix by me and Brendan Ridley. The show website where you can dive in deeper into each episode can be found@finding ruby.com our theme song is Homeland by Searching for Light. A special thanks to Lydia Bowden, Evelyn Pingle, Meryl Sacco, Lani Alano and all the team at IJM Philippines for opening the doors to us. And of course, a big thanks to Ruby for telling her story. And finally, a big thanks to you for choosing to come on this journey with us. We'd be really grateful if you would take a moment to rate and review the podcast so that other people can find it too. We'll see you on the next episode.