Cops refute Jaworski's son's account of buy-bust

MANILA, Philippines - The seven police officers of the National Capital Region Police Office – Regional Police Intelligence Operations (NCRPO-RPIOU) who were involved in the alleged shootout with a son of basketball legend and former Sen. Robert Jaworski in Makati last September 19, filed on Monday their comment with the Office of the Makati City Prosecutor and asked that the motions earlier filed by the accused be dismissed.

It would be recalled that accused Ryan Joseph Jaworski had earlier 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, the 40-year old Jaworski, through his lawyers Richard Nethercott and Terence John Dawang argued that the sting operation conducted by elements of NCRPO-RPIOU was flawed and illegal.

Jaworski said that 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 of 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. 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 (MMC). 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 National Bureau of Investigation (NBI) all evidence gathered for a parallel processing and examination. He 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.

In their 11-page comment, NCRPO-RPIOU operatives Insp. Joy Opalec, SPO2 Ronald Allan Antonio, SPO1 Dennis Venus, PO3 Noel RechelCruz, PO3 Joel Sanchez, PO3 Reynalad Cenon and PO2 Gerardo Navarro argued that Assistant City Prosecutor Gaudencio Tolledo Jr. who is now conducting a preliminary investigation of the complaints against Jaworski, cannot drop the charges filed based on a motion to dismiss as the “motion itself is a prohibited pleading and deserves scant consideration.”

“Under the Rules of Court, what the respondent (Jaworski) us allowed to file in order to refute the complaint against him is a counter-affidavit. His failure to file a counter-affidavit will result in the investigating officer resolving the complaint based on the evidence submitted by complainant," the officer’s comment said.

The police officers also argued that the type and caliber of the firearm involved in the sting operation is “of no moment” as the fact remains that Jaworski has no license to possess a Benelli M4 Super 90 shotgun based on a report from the Philippine National Police Firearms and Explosives Office. According to the police officers, Jaworski only has a licensed Armscor caliber .45, a Colt M16 rifle, a caliber .22 Ruger pistol, another Ruger .22 caliber pistol, a caliber .22 rifle, and a 12-gauge Akkar shotgun.

“The undeniable fact remains that respondent herein had no license to possess a Benelli M4 Super 90 as evidenced by the official list of his licensed firearms. The respondent made a vain and futile attempt to insist that a Benelli M4 Super 90 maybe possessed by civilians such as the respondent. Be that as it nay, the fact remains that he does not own it, and his act of selling it, possessing it, carrying ir outside of his residence is a clear violation of Republic Act 10591 (Comprehenseive Firearms and Ammunitions Act of 2013).

The police officers also insisted that there was a valid entrapment and that the sale of the shotgun was consummated as the “sale was perfected by mere consent.” The police officers also insist that there was a “hot pursuit” and that Jaworski opened fire on them. 

According to the agents, the negative results of the paraffin test done on Jaworski is not conclusive.

The police officers also stressed that there is no partiality in the probe now being done by the PNP and that a parallel probe to be done by the NBI is without legal basis.

Prosecutor Tolledo gave Jaworski’s lawyers until 2 p.m. of October 1 to submit their rejoinder to the comment filed by the RPIOU agents.

Manwhile, Navarro, who served as the poseur-buyer during the sting, told Prosecutor Tolledo Jr. during the clarificatory questioning that he positively identified Jaworski as being present in the buy-bust as the area was well-lit. Navarro also told the prosecutor that someone from Jaworski’s tinted car opened fire at them during the car chase.

Jaworski was charged with direct assault, attempted murder and violation of Republic Act 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 in the leg during the shootout.

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-RPIOU detention center at Camp Bagong Diwa in Taguig City.