Friday, October 23, 2009
DOJ recommends Kho indictment
Since the Kho - Halili contrversy on their video tape, I have been wanting to see where it will go. Will it be a fairy tale ending or a morbid ending hehehehe
(UPDATE 2) DOJ recommends Kho indictment
abs-cbnNEWS.com | 10/22/2009 4:39 PM
MANILA - The Department of Justice (DOJ) on Thursday recommended to a court the indictment of celebrity doctor Hayden Kho for violation of the Violence Against Women and Children Act but the embattled doctor’s camp said they are seeking to stop the case.
The case stemmed from the spread of copies of sex videos showing Kho engaging in sexual acts with several women, including starlet Katrina Halili.
The basis of the case filed by the DOJ to the Pasig Regional Trial Court against Kho for alleged violation of Republic Act (RA) 9262 or the "Anti-Violence Against Women and Children Act" was a complaint filed by Halili.
The DOJ, in its resolution on the preliminary investigation of the case, said "we find that the evidence presented by complainant during the preliminary investigation merit the prosecution of said respondent for violation of RA 9262."
The DOJ said that while Kho said he was not responsible for the spread of the video, the video recording of his sexual acts “clearly shows and manifests his lack of respect for women. He cannot simply justify said act with a disclaimer that the videotaping was not meant to be shown to anyone. He should own up and be responsible for his actions particularly when it affects another person's right and dignity."
The complaints, meanwhile, against Dr. Vicki Belo, Eric Johnston Chua, Dr. Herbert "Bistek" Rosario, and Princess Velasco, who have been charged along with Kho, were dismissed.
Chua and Velasco were reportedly present when copies of the sex videos, showing Kho having sex with various women, were taken from Kho's hard drive.
The DOJ panel however recommended that the National Bureau of Investigation (NBI) continue with its investigation to find out who uploaded the Kho’s sex videos on the Internet.
Partial motion for reconsideration
The embattled doctor’s camp however said that they seek to reverse a portion of the DOJ decision on Halili’s complaint.
The camp of Kho said that the complaint filed by Halili to the DOJ consisted of two allegations – psychological violence and economic violence.
They said however that they would only seek for a partial motion for reconsideration since it was already not proven that Halili was deprived of his livelihood as an actress due to the “scandal.”
In their partial motion for reconsideration, the lawyers of Kho would reportedly asset that the DOJ did not fully appreciate the evidence presented by the NBI on a psychological test on Halili.
They cited that the NBI finding said that the psychological stress suffered by Halili was due to the spread on the Internet of the sex videos 3 months before the investigation started and not on the video taping of the sexual acts which was reportedly 2 years ago.
They said since Halili’s complaint was not on the release of the videos in the Internet and to the public, there should be no case against Kho.
“It is not related to psychological violence. He shouldn't be charged with causing her psychological violence,” said lawyer Lorna Kapunan, counsel for Kho.
Kho’s lawyers are also set to file a motion to suspend to the Pasig Regional Trial Court to stop any proceedings on the charged file against their client due to the DOJ resolution.
They also reiterated Kho’s denial of involvement in the spread of the sex videos and welcomed the DOJ’s recommendation for the NBI to continue its probe on who uploaded the video to the Internet and file charges of pornography against the perpetrators.
‘Fight will continue’
Halili meanwhile welcomed the filing of formal court charges against Kho.
“Siyempre sobrang happy ako na unang una iyon iyong pinakaimportante po sa akin, si Hayden Kho,” said Halili in an interview Thursday. She was a special guest at the National Correctional Consciousness Week celebration at the Women’s Dormitory in Camp Caringal, headquarters of National Capital Region Police Office.
She said she has not talked with Kho since the spread of the videos on the Internet.
Halili said that if Kho would offer his apology she would accept it. She said however that it would not mean that she would withdraw her complaint.
“Di ganoon ang pagkakilala ko sa kanya, Nag-e-expect ako na kahit papaano kakausapin niya ako, hihingi siya ng tawad. Never niya ginawa iyon… Lalaban pa rin po ako,” said Halili.
She said she has but one message to Kho: “Magkita na lang tayo sa korte. Magpa-piyansa ka na lang, joke!” she said jokingly.
Halili’s lawyer also welcomed the DOJ decision.
“Very good. Thanks. We are happy with the DOJ resolution even if the charge versus Belo et al was dropped. At least, we were able to gather facts and material info from Erick Chua, Belo which we can use in filing other cases. We know now the persons na possible responsible sa pagkalat ng video,” said lawyer Raymund Palad, Halili’s counsel. With reports from Timi Nubla, Jenny Reyes, Ginger Conejero and Joey Villarama, ABS-CBN News
as of 10/23/2009 12:04 AM