NBI seeks DOJ's help in identifying uploader of sex videos

MANILA, Philippines - The National Bureau of Investigation (NBI) wants a faster way to determine the people who first uploaded the controversial sex video of celebrity surgeon Hayden Kho Jr. and sexy actress Katrina Halili on the Internet.

Head Agent Palmer Mallari, executive officer of the NBI Anti-Fraud and Computer Crimes Division (AFCCD), said they would seek the assistance of the Department of Justice (DOJ) to find a legal way to obtain the system log of a US-based website where the video was first uploaded other than securing approval of a federal court.

The NBI earlier coordinated with the management of the website but were told that they would have to secure US court approval, which may take up to three months.

“This will delay our probe because the US-based web posting site is requiring us to produce a court order for the system log which could identify the culprit,” Mallari said.

He said that while the NBI is certain in securing a US court order to open the website’s system log and determine the protocol address and the domain registration as they have probable cause, there could still be legal impediments that could delay the resolution of the case.

He stressed that determining the person who first uploaded the video on the Internet is important, as he or she could be held liable under the law.

Although the case filed against Dr. Vicki Belo and others as accessory to the complaint of violation of Republic Act 9262 (Anti-violence Against Women and their Children Act) by Halili is already pending at the DOJ, the outcome of NBI’s probe into the uploading of the sex video on the Internet would be independent of the initial filing of the case.

The NBI earlier recommended to the DOJ the filing of sexual violence charge against Kho.

Halili had also filed criminal charges against Belo, businessman Eric Johnston Chua, Dr. Mark Herbert “Bistek” Rosario and girlfriend Princess Velasco in connection with the sex video controversy.

The NBI said the outcome of the probe into the technical aspect of the case would be independent of the initial filing of a case against Kho as well as to the criminal complaints filed by Halili against Belo and others.

At the DOJ, Belo and the three others denied the allegation during preliminary investigation last Thursday and submitted their separate counter affidavits yesterday.

Halili sought the indictment of Kho for allegedly videotaping their intimate moments without her consent.

She said she lost projects and endorsements because of the release of the video.

In recommending the filing of case against Kho, the NBI cited the result of psychological evaluation made by their neuro-psychiatric division (NPD) as one of the grounds.

Halili, according to NBI findings, was found to be suffering from an adjustment disorder with depressed mood and even recommended that the actress undergo psychotherapy to help her adapt to her current stressful situation.

The actress insisted that she did not know that the sex act was recorded.

Before the release of the sex video, Kho said during an interview with a popular showbiz magazine that there was no sex video and that the only video they had was the practice for a dance.