By Dominique Gabriel G. Bañaga
The Office of the City Prosecutor in Dumaguete City, Negros Oriental has affirmed the dismissal of the kidnapping case filed against Australian national Peter Lay and his nanny Edlyn Gelantagaan.
Based on a copy of the document signed by Deputy City Prosecutor Alvin Aseniero and City Prosecutor Joseph Arnel Zerna, it said that after going over the evidence presented by the parties, their office found there is absence of probable cause to indict Lay or Gelantagaan of the kidnapping charges.
It further ruled that Lay has certain rights, responsibilities and obligations to his three-year-old son since he is the biological father.
It also said that since Lay also provided for the needs of the nine-year-old girl, Lay is not just the girl’s father figure, but her father for all intents and purposes.
It also said there was no custody agreement between Lay or the children’s mother regarding the exclusive custody of the children to the complainant.
The prosecutor has also agreed with Gelantagaan’s arguments that she was only following the orders and instructions of both her employers, in accompanying the complainant to Dumaguete City and in going back to Bacolod, and therefore should not be held liable for the crime as charged in conspiracy with Lay.
“Wherefore, premises considered, finding lack of probable cause, the cases are hereby ordered dismissed,” the prosecutor added.
The prosecutor has also ordered the release of Lay and Gelantagaan from police custody.
On Monday, August 2, Lay issued a statement accusing his partner, the victims’ mother, of lying to police.
According to him, the victims’ mother is not his ex-girlfriend and the children were not kidnapped.
Lay said he and his partner have not ended their relationship and are currently working things out.
He explained the nine-year-old girl is his step-daughter while he is the biological father of the three-year-old boy.
“I am his biological father. The children were rescued from my cheating partner (who was with another man) by myself, my partner’s brother, and my children’s nanny,” he explained.
Lay also stated that the nanny was arrested with him because she assisted in locating his partner and her children so they can return back safely to his home in Bacolod City./WDJ