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Tuesday, February 21, 2006
Rap v. KTV manager lacked ‘material fact,’ city fiscal says
City Prosecutor Nicolas Sellon yesterday defended his resolution dismissing the trafficking charges against the “owner” of Steve’s KTV, indicting instead a mere employee.
He reasoned that the National Bureau of Investigation’s (NBI) complaint contained “no material fact” to tie the manager, Jocelyn Raco, to the alleged trafficking and exploitation inside Steve’s KTV.
“One of the elements of the crime of trafficking is that the owner or manager knowingly permitted or failed to prevent its commission. However, this is not a presumption. There must be facts submitted for our consideration,” Sellon said.
He said there was no such narration of facts in both the complaint the bureau filed or in any of the affidavits the bureau attached to support their charge.
No double jeopardy
He said the NBI could re-file its complaint if it wants to, adding that there is no double jeopardy rule at the Department of Justice.
He did not comment, however, on Assistant City Prosecutor Aida Sanchez’s resignation as reviewing officer for cases involving special laws, following the dismissal of the charge.
Sanchez, in her resignation letter, had said she could not “compromise her integrity” by staying in the post, fuelling suspicion that there was impropriety behind the dismissal.
Assistant City Prosecutor Jesus Feliciano, who handled the inquest investigation on the Steve’s KTV incident, had previously recommended the dismissal of all charges against Raco, as owner, and Grace Guisando, the bar’s floor manager.
Sanchez reviewed the resolution and recommended a reversal. She wanted both indicted for the crime of trafficking.
Sellon, however, only partially approved her findings and ordered Guisando charged but cleared Raco.
“It is not enough to prove that Jocelyn A. Raco is the registered owner of Steve’s Music Bar and Karaoke in order to hold her criminally liable,” he said.
“I want to be judged by my work... by my resolution. I looked at the facts impartially and resolved it accordingly,” Sellon said in an interview yesterday.
No replacement yet
He confirmed having received Sanchez’s letter of resignation and that he is still trying to decide on a good replacement.
“I cannot speak for any other person. That would only lead to more conflicts,” when asked if Sanchez was referring to Feliciano.
Feliciano, in a separate interview, said that his recommendation of dismissal was a product of his assessment of the evidence.
He said Sellon was well within his authority as city prosecutor in resolving the complaint the way he saw fit.
“It was really dismissible based on the evidences,” he said.
Sellon’s dismissal of the complaint against Raco is the first time a trafficking complaint filed by the NBI against a club manager or owner has been thrown out.
The NBI previously raided two bars in Lapu-Lapu City and one in Mandaue City, and got an indictment in all three cases.
Never been raided
NBI agents raided Steve’s KTV last Feb. 3 and rescued 29 “prostituted women,” two of them believed to be minors.
Located a few meters from the Cebu City Police Office headquarters, the bar previously had never been raided since it opened in 1993.
The NBI then filed qualified trafficking charges against Guisando, who was caught receiving “bar fine” money from an undercover agent for the services of one of her wards, and Raco, whose name appeared as “owner” in the bar’s business permit.
In his resolution, Feliciano found no basis to prosecute both Guisando and Raco, saying “a GRO who manages to convince her customers to pay the said (bar) fine cannot hold the management or superiors liable for trafficking.”
Sanchez recommended a full reversal and hinted that Feliciano appeared to be making the defense for the bar. (KNR)
For Bisaya stories from Cebu. Click here. (February 21, 2006 issue)
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