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Wednesday, September 24, 2003
Lim's counsel eyes victory in Dumaguete Sex Scandal issue
By Victor L. Camion
HOPE against hope.
This was how prosecution and defense described their chances in the controversial Dumaguete sex video scandal case after the city's "star witness" Victor Empleo recanted his initial statement and filed an affidavit of recantation during the preliminary hearing Friday afternoon.
Defense counsel Raymund Mercado said Empleo's turnaround will have a positive effect on the witness' first affidavit that linked his client Engr. Jonathan Lim as the alleged mastermind of the video sex scandal.
But Councilor Rommel Erames, representing the City Government along with Acting City Legal Officer Neil Rey Lagahit, is unruffled.
Erames, a lawyer, said the recantation will not affect the case.
Erames said the motive behind the affidavit of recantation should be taken into consideration.
Erames said that in many cases, witnesses recanted because of force and intimidation or for money.
He described Empleo's move as "highly scandalous" and an "affront" to the prosecutorial and judicial system.
"As a law student, Empleo should have upheld the law and the women's cause," Erames said.
He called for an investigation into the reason behind Empleo's recantation.
The city's "star witness" changed his statement purportedly out of conscience.
"I realized and was doubly bothered by my conscience considering that some averments therein are not totally correct and certain facts have been supplied if only to institute a case against the above mentioned personalities," said Empleo in his new affidavit.
Before that, Empleo linked Lim as mastermind of the video sex filming, Nicholas Siloterio as cameraman and Noli Banagudos as actor.
The City Government, represented by Mayor Agustin Perdices, earlier charged Lim, owner of the bunkhouse and his former caretaker Siloterio, and Banagudos, for violating of Article 201 of the Revised Penal Code of the Philippines as amended by and in relation to Presidential Decree Number 969, specifically Section 2 (b), (2 and 5) on pornography.
"There is no truth to the fact that Jonathan Lim showed to me several films taken from the bunkhouse. That I only overheard it from his basketball playmates that on some occasions after the game, they would watch adult films," the witness said in his second affidavit.
As this developed, acting City Prosecutor Candelario Gonzales temporarily suspended the preliminary investigation of the case pending the result of motion for inhibition the accused businessman filed before the Regional State Prosecutor in Cebu City.
Gonzales earlier turned down Mercado's motion for inhibition during the scheduled preliminary hearing of the public scandal case last Sept. 5.
(September 20, 2003 issue)
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