Gonzalez assailed for directing prosecution to withdraw case vs. Go

Lawyers of businessman James King yesterday assailed as "anomalous" the resolution of Justice Secretary Raul Gonzalez directing the prosecution to withdraw the information for kidnapping and serious illegal detention against Roderick Go and three others.

In a press conference at the Laguna Garden Café, lawyer Joelito Alvarez said the resolution was a "direct challenge and assault to the Regional Trial Court, the Court of Appeals, and the Supreme Court that have consistently upheld the validity of the information for kidnapping."

Alvarez said they did not know Go had filed a motion to annul, which Gonzalez eventually granted through his resolution. He said he is going to elevate the matter immediately to the CA. Alvarez said the secretary's decision "insults the authority and dignity" of the three judicial bodies, which earlier affirmed the validity of the information against Roderick, his wife Grace Tan-Go, their driver Henry Baritua Jr., and bodyguard SPO1 Roberto Petillos.

Except for Petillos, the three accused are still at large and believed to be hiding in the US while the victim, James, is still recovering, also in the US.

On June 24, 2002, James was supposed to have a business meeting with Roderick. But the latter, along with his wife, driver, and bodyguard allegedly abducted and detained James instead. James suffered severe injuries in various parts of his body, as a result.

Waving to reporters the resolution of Gonzalez, Alvarez asked, "Is this resolution more valid and superior than the resolutions of CA and SC?" He said Gonzalez, as DOJ head, should know "too well" that once the information is filed in court, it is left to the court's discretion and judgment.

However, Gonzalez, in a phone interview said "anybody can question my resolution" but would stand firm on it.

Gonzalez asked, "Why it should be an 'insult' to the SC, the CA, and the RTC?" He then explained that it took the DOJ long to decide because it has "to study our resolution carefully."

James' brother Richard told reporters, "We're not a bit scared by the resolution because the Supreme Court is higher than the DOJ. What we want is the whole country to know that it's so sad a DOJ Secretary came about this anomalous resolution."

Another James' lawyer, Augusto Macam, on the other hand, commented about a published report in a local daily alleging that bribe money was involved in the making of the DOJ resolution, as suggested in a wiretapped conversation between two people, recorded in a compact disc.

Macam admitted they have "some information" on the alleged bribery but are still validating this. Alvarez said they would tap the Integrated Bar of the Philippines to conduct the investigation, not the National Bureau of Investigation that is under the DOJ.

The lawyers also threatened to "stop" the appointment of Gonzales, as Justice Secretary, which is yet pending at the Committee on Appointments.