Makati prosecutor recommends raps vs Jaworski son’s driver

MANILA, Philippines - The Makati City Prosecutors Office has recommended the filing in court of criminal complaints against Joselito Au, the alleged driver of Ryan Jaworski during the reported shootout with agents of the Regional Police Intelligence Operations Unit (RPIOU) of the National Capital Region Police Office (NCRPO) last September 19 in Makati.

In a four-page resolution dated Sept. 23, 2015, Senior Assistant City Prosecutor Gaudencio Tolledo recommended the filing of complaints for four counts of attempted murder and two counts of physical injuries against Au. The case was raffled-off Thursday afternoon to the sala of Makati Regional Trial Court Branch 139 Judge Benjamin Pozon.

“Wherefore premises considered, it is respectfully recommended that Joselito Au be charged with 2 counts of physical injuries and 4 counts of attempted murder and that the attached informations be approved for filing in court,” read the resolution.

The resolution also recommended that a preliminary investigation be conducted in relation to the complaints for violation of the Comprehensive Firearms and Ammunition Regulation Act of 2013(Republic Act 10591) and direct assault that were also filed against Au.

“Anent the complaint for Sec. 28 (illegal possession of firearms and ammunition) of RA 10591, a preliminary investigation should also be conducted to determine who among the occupants of the vehicle had possession of the subject shotgun found in the compartment of their vehicle,” the resolution read.

On Wednesday, Jaworski, the 40-year old son of former senator and basketball legend Robert Jaworski, asked the Makati City Prosecutors Office to drop the criminal complaints filed against him by 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 RPIOU of the 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 Sept. 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 RA 10591 or the Comprehensive Firearms and Ammunition Act of 2013.

Police said Jaworski and his driver, Au, 50, 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 P 120,000.  

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

NCRPO director Chief Superintendent Joel Pagdilao said Jaworski would remain under heavy guard at the MMC, where he is recuperating from a gunshot wound in the left leg.

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