Jaworski son seeks dismissal of criminal charges for lack of merit

MANILA, Philippines - Ryan Jaworski, the 40-year old son of former senator and basketball legend Robert Jaworski, Wednesday asked the Makati City Prosecutor's Office to drop the criminal complaints filed against him by the police in relation to alleged gunrunning.

In a motion to dismiss all charges, Jaworski, through his lawyers Richard Nethercott and Terence John Awang argued that the sting operation conducted by elements of the Regional Police Intelligence Operations Units (RPIOU) of the National Capital Region Police Office (NCRPO) on September 19 in Makati was flawed and illegal.

According to Jaworski, the entrapment was set on the report that a certain Ryan Jaworski was allegedly offering an unlicensed M4 rifle for sale.

However, Jaworski said that the firearm which he intended to sell was a licensed Benelli M4 Super 90 shotgun.

“Hence from the outset, the purported buy-bust or entrapment operation was flawed, without basis and therefore illegal,” read the motion.

“In this case however, the purported subject did not have criminal intent to commit an offense according to the complainants themselves, as may be gleaned from the text messages presented, the purported subject merely acted as an agent offering for sale a licensed firearm. The property intended to be sold and being offered for sale was not an illegal or prohibited item,” the motion added.

Jaworski, in his motion, also argued that he did not fire at the RPIOU agents during the alleged sting operation.

“Truth be told, respondent Ryan Jaworski did not fire a gun. The truth of the matter is that respondent Jaworski was unarmed and that the paraffin test conducted on him by the National Bureau of Investigation on September 21, 2015 shows negative results of the presence of nitrates,” the motion read.

Jaworski in his motion also stated that no hot pursuit occurred as claimed by police.

“The incident allegedly happened along Chino Roces Avenue near corner Pasay Road, which is very near the Makati Medical Center. And to say that they made a hot pursuit is simply absurd,” the motion read.

“Therefore, premises considered, all the charges against herein respondent Jaworski should be dismissed for utter lack of merit. The truth is respondent Jaworski is the victim in this case. The victim of police elements who resorted to violence when their illegitimate operation turned futile,” the motion added.

Jaworski also filed a motion asking the Makati City Prosecutors Office to issue a subpoena on the Makati City Police Investigation Branch to produce and submit to the NBI all evidence gathered for the NBI’s processing and examination.

Jaworski also asked the Makati City Prosecutors Office to issue a subpoena on the RPIOU to compel it to deliver to the NBI all the guns used by the operatives involved in the sting operation for forensic examination by the NBI.

“Herein respondent and his family believe that since elements of the PNP are involved in this case, it is more appropriate that a neutral investigating body conduct its own investigation,” the motion read.

Jaworski was charged with direct assault, attempted murder and violation of Republic Act 10591 or the Comprehensive Firearms and Ammunition Act of 2013 before Makati Senior Assistant Prosecutor Gaudencio Toledo Jr.

Jaworski’s co-accused, Joselito Au, 52, who was arrested along with the former senator’s son, did not execute a waiver and his lawyer, Bonifacio Arawis, submitted the charges for resolution.

Another suspect, Ferdinand Farago, was charged with the same offenses and is scheduled for preliminary investigation. He escaped during the shootout and remains at large.

National Capital Region Police Office (NCRPO) director Chief Superintendent Joel Pagdilao said Jaworski would remain under heavy guard at the Makati Medical Center (MMC), where he is recuperating from a gunshot wound in the left leg.

Au is being held at the NCRPO’s regional police intelligence and operating unit (RPIOU) detention center at Camp Bagong Diwa in Taguig City.

Police said Jaworski and his driver, Au, were arrested Saturday at the MMC, where Jaworski sought treatment after being wounded during a shootout with RPIOU operatives, headed by Inspector Joy Opelac, during a botched sting involving the purchase of an M4 Armalite rifle worth P120,000.