The court has suspended the trial of a frustrated murder case pending the outcome of the intended victim’s petition for certiorari filed before the appellate court questioning the order of the Department of Justice to withdraw the case in court.
Businessman James King’s counsels had asked the Court of Appeals to rule against the controversial order of the Department of Justice dated July 20, 2005, which states that there is no ground to hold accused Roderick Go, his wife Grace, bodyguard Roberto Petillos and driver Henry Baritua Jr. liable of the criminal charges filed against them.
It was Justice Secretary Raul Gonzalez who ordered Cebu City prosecutor Nicolas Sellon to implement the controversial DOJ resolution to withdraw the information for frustrated murder filed before the Regional Trial Court Branch 24, but the move was strongly opposed by the prosecution.
King’s counsels even criticized Gonzalez for issuing the resolution that had an opinion that there is no evidence to prove that the accused kidnapped and tried to kill King last June 24, 2002.
King has claimed that it was Roderick Go who slashed his throat with a box cutter at the rooftop of the Metrobank building along Plaridel Street. He was then placed inside the baggage compartment of Go’s car and driven around the city before he was left in a hospital.
The issue about the filing of the frustrated murder case against the respondents already reached the Supreme Court which ruled that the filing of the criminal case against the Go couple and two others are in order.
King’s lawyer Deolito Alvarez earlier said that the secretary of the Department of Justice is not an official who has the power to reverse the decision of the Supreme Court.
RTC Branch 24 judge Olegario Sarmiento Jr. has decided to hold in abeyance his order about the DOJ’s motion to withdraw the information filed against the respondents. If the move is granted by the court, it will result to the dismissal of the case.
Before the incident, King, who used to be the treasurer of J. King & Sons Company, went to the rooftop of Metrobank building in Plaridel Street after Roderick Go called him asking him to come over to the place so they can discuss the invalid check that Go issued to King as his payment for his P20 million debt.
After King arrived the place, Go reportedly asked King to help him look for a ring that was reportedly lost inside the trunk of his car, but while King was bending over to look for the item, Go allegedly slashed King’s throat and other parts of his body with a box cutter and quickly pushed him inside the trunk.
Go quickly drove the vehicle down to the building’s parking area where his wife and the two other accused stayed behind as lookouts and were tasked to block off the rooftop while Go allegedly continued attacking King.
The medical records showed that King sustained 36 slash wounds all over his body, but still managed to convince the accused to bring him to the hospital. — Rene U. Borromeo/BRP