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Tuesday, November 04, 2003
2 Aussies rapped for swindling P1.5M
* Australians accuse fellow Australian of duping them in a gold deal
* CPO rules in favor of complainant because he was able to present documentary evidence to back up his complaint
THE City Prosecutor's Office (CPO) formally charged two Australian nationals with estafa for allegedly failing to deliver P1.5 million worth of gold to another Australian last January.
Chief city prosecutor Raul Bendigo forwarded the criminal case against Lance Wenham and Allan Clarke, both members of the New International Environment University Inc. along Airport Road in Sasa, Davao City, to the Regional Trial Court (RTC) based on a resolution penned by investigating prosecutor Efren Cachuela.
Cachuela found probable cause to charge Wenham and Clarke based on the complaint filed by Patrick Morgan, also an Australian who resides at Doņa Vicenta Village in Bajada, Davao City, through the aid of his lawyer Bonifacio Militar, who is also a councilor of the first district of Davao City.
In his complaint, Morgan claimed that last January 15, the two respondents failed to deliver the 25 grams of gold that they promised within 21 days after the suspects allegedly received Morgan's money.
He also claimed that the two failed to return his money even after a final demand letter sent by his lawyer.
Clarke, for his side, insisted that he never participated in any transaction with Morgan and pointed to Wenham as the one responsible for the transaction.
Cachuela, however, held that Clarke's defense was weak and Morgan presented a documentary piece of evidence to support his claim.
Cachuela further held that "after a careful perusal of the pleadings of both parties, the complainant's allegations deserve merit. RCB
(November 4, 2003 issue)
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