Ongoing pa rin ang isinampang complaint ni Katrina Halili sa Department of Justice (DOJ) hinggil sa uploading ng sex video nila ni Hayden Kho. Last Tuesday, July 7, nakakuha ang PEP (Philippine Entertainment Portal) ng kopya ng rejoinder-affidavit ni Erik Johnston Chua bilang sagot sa affidavits na ipinadala ni Dra. Vicki Belo at ni Katrina. Si Erik ang isa sa pinagbibintangang nag-upload ng mga sex videos ni Hayden sa Internet.
Sa bagong affidavit na isinumite ni Erik sa tanggapan ng DOJ noong July 7, sinabi nitong nagsinungaling daw si Dra. Belo sa kanyang mga statement. Tahasan ding sinabi ni Erik na ngayon lang daw niya na-realize na ginawa siyang "fall guy" ni Dra. Belo.
THE MASTER COPY. Sinabi rin ni Erik na gumawa ng "unfounded conclusions" si Katrina sa kanyang rejoinder-affidavit, imbes na magsumite ng "competent evidence in support of her allegations." Ito ay kaugnay ng pagtatago at pagsira diumano ni Erik ng mga sex videos.
Giit ni Erik, "I never concealed or destroyed the sex videos to prevent its discovery as contemplated in Article 19 of the Revised Penal Code."
Dagdag niya, "Ms. Halili, without any factual basis at all, concluded that: (a) 'both [referring to Dra. Belo and I] admitted to participation in concealing and/or destroying the sex video,' and (b) 'they [referring to Dra. Belo and I] concealed and destroyed the sex videos as admitted by them.'
"It is my consistent testimony that only after I made a copy of the video recordings in a recordable digital video disc (DVD-R), which I turned over to Dra. Belo, that I, upon Dra. Belo's instruction and likewise in her presence, deleted all the video recordings in the laptop.
"In other words, I already made a single master copy of the DVD-R containing the sex videos that were found in the laptop of Dr. Kho and I already gave the same to Dra. Belo before I followed her instruction to delete the video recordings that she and I found in the laptop of Dr. Kho."
Sinabi rin ni Erik na: "...It is very obvious that Ms. Halili's allegation that the copying of the sex videos of Dr. Kho in a DVD-R and their subsequent deletion from his laptop was for the purpose of permanently hiding the criminal offense committed by Dr. Kho is a classic case of contradiction. How could Ms. Halili claim that I participated in permanently hiding the video recordings of Dr. Kho when, in truth and in fact, I transferred the said video recordings of Dr. Kho from his laptop to a DVD-R.
"If there was concealment and/or destruction of the DVD-R containing the only copy of the video recordings of Dr. Kho, the one who admitted that she destroyed and threw it away must be the one to be held accountable for doing so."
KATRINA-HAYDEN SEX VIDEO. Itinanggi rin ni Erik ang statement ni Katrina sa sarili nitong affidavit na una pa man ay nakita at napanood na nila ni Dr. Bistek Rosario ang sex video nina Katrina at Hayden.
"Pitifully, Ms. Halili did not only make unfounded conclusions but she also made unsupported assumptions. In paragraph 35 of her Rejoinder-Affidavit, she alleged that 'Erick Chua and Bistek Rosario ARE AWARE OF, and HAVE SEEN, the sex videos of respondent Hayden Kho, Jr. (which includes complainant's sex videos).'
"I categorically deny Ms. Halili's assumption that I was already aware of and had seen her sex video with Dr. Kho when I and Dr. Rosario went to Dra. Belo's residence on 9 December 2008. Truth to tell, I was not aware at that time that Dr. Kho and Ms. Halili had sex videos. More importantly, I have not seen yet such video.
"Though Dr. Kho, on one occasion, showed for a few seconds a clip of a sex video to a group of friends, including me, the girl in the said video was not Ms. Halili, although she is one of the three girls whose sex videos came out in the internet."
THE LAPTOPS & HARD DRIVE. Isa pang binigyang-linaw ni Erik sa kanyang rejoinder affidavit ay ang tungkol sa nangyari noong December 9, 2008, kung saan sinabihan daw silang tatlo—Erik, Bistek, at Princess Velasco—ni Dra. Belo na kunin ang tatlong laptops at hard drive sa bahay ni Hayden.
Ani Erik, "...We tried to open ONLY ONE of the laptops but we could not do so because it was password-protected. And before we could even try to open the 2nd and 3rd laptops and the other storage devices, we received a word that Dr. Kho had attempted suicide. We all then rushed to Dr. Kho's condominium unit leaving the computers and other storage devices at Dra. Belos's house."
Ang naturang chain of events daw ay pinatunayan din sa isinumiteng counter-affidavits nina Dr. Rosario at Princess Velasco sa National Bureau of Investigation (NBI).
Ayon sa affidavit ni Erik, "At the risk of being repetitive, I reiterate for emphasis that, contrary to Dra. Belo's allegation, we tried to open ONLY ONE of the laptops on 9 December 2008; however, we could not do so because it was password-protected. We DID NOT ATTEMPT to open the 2nd and 3rd laptop and the hard drive. Hence, we do not know whether 2nd and 3rd laptops and the hard drive were password-protected or not.
"What we knew only at that time was that the particular laptop that we tried to open was password-protected. With regards to the other 2nd and 3rd laptops and the hard drive, we do know whether they were likewise password-protected simply because we did not try to open them. This is the simple truth and nothing but the truth.
"After we left Dra. Belo's house and rushed to the condominium of Dr. Kho on the same night of 9 December 2008, I had no knowledge what Dra. Belo did to the three laptops and storage devices that we left behind in her house.
"What I only personally knew is that from the time we turned over to her the said computers and storage devices on 9 December 2008 up to 12 December 2008 or for a period of THREE (3) DAYS , it was only Dra. Belo who had the sole and exclusive possession and full control of them."
Isinama rin ni Erik sa kanyang rejoinder-affidavit ang naging interview ni Dra. Belo kay Boy Abunda sa The Buzz noong Linggo, July 5. For the first time daw ay inamin ni Dra. Belo on national television, "that after we turned over to her the three laptops and other storage devices on 9 December 2008, she asked one of her I.T. (Information Technology) people to open the laptops and the hard drive." (Click here to read related story.)
Pero ang naturang admission daw ni Dra. Belo ay hindi binanggit ng cosmetic surgeon sa affidavit niya sa NBI.
Ayon sa affidavit ni Erik, "In light of the above admission of Dra. Belo during her televised interview, which I was advised is admissible in evidence, it is beyond any doubt that she, indeed, falsely stated under oath in her NBI Affidavit and Counter-Affidavit that after I and Dr. Rosario turned over to her the three laptops and hard drive on 9 December 2008, we (i.e., Dra. Belo, Dr. Rosario and I) allegedly opened the three computers on the same night of 9 December 2008, but we did not find the video she was looking for, and we also tried to open the hard drive on the same night of 9 December 2008, but we could not access it because it was password-protected.
"In view of Dra. Belo's lies, who would believe her claim that she did not allegedly find the videos she was looking for in Dr. Kho's laptops that, based on her own admission, she, with the assistance of one of her I.T. people, opened? Who would also believe her claim that she and one of her I.T. people were not able to open Dr. Kho's hard drive?
"The admission of Dra. Belo that, with the assistance of one of her I.T. people, she successfully opened Dr. Kho's laptops after 9 December 2008 now explains the reason why Dra. Belo was able to enter the password of Dr. Kho when we opened one of her laptops on 12 December 2008.
"Also, I now know the reason why Dra. Belo did not anymore ask me to open the two other laptops and the hard drive after we found the video recordings of Dr. Kho in the first laptop that we opened. Since she, with the assistance of one of her I.T. people, already opened the other two laptops and, possibly including the hard drive, prior to 12 December 2008, she very well knew that the other two laptops and hard drive do not contain the video recordings of Dr. Kho; hence, she did not anymore ask me to open.
"I thought I was doing a favor to Dra. Belo when I agreed to her request that I assist her in opening the computers and other storage devices that we retrieved from Dr. Kho. I did not realize at that time that I was falling into a trap designed by someone who wanted to use me as a 'fall guy.'
"It is only now that it is becoming clear to me that I am a victim of somebody else's manipulation. Under my present oath, I hereby categorically state that I did not know, acquiesce in or agree to cooperate with the manipulative actions of the said person or persons."
DECODING THE PASSWORD. Ayon kay Erik, nagsinungaling din daw si Dra. Belo sa kanyang counter-affidavit sa NBI tungkol sa nangyari noong December 12, 2008. Sinabi ni Dra. Belo na si Erik at ang kaibigan nito na isang computer expert "went to work by decoding the password and gaining access to the hard drive; and she left me and my friend at her house with specific instructions to delete the said video from the hard drive, should they found it."
Pero giit ni Erik, "Contrary to what Dra. Belo wanted to impress, neither I nor my friend decoded the password of Dr. Kho. It was Dra. Belo herself who on or about her third attempt, entered the correct password and gained user access to the laptop.
"After hearing Dra. Belo's admission in her televised interview that she, with the assistance of one of her I.T. people, opened the laptops of Dr. Kho, I now realized that Dra. Belo was just feigning when she entered wrongly the password of Dr. Kho in her 1st and 2nd try. All along, it appears now that she already knew the password of Dr. Kho before 12 December 2008.
"Dra. Belo further lied when she claimed that she left us at her house with instructions to delete the video file if we find it.
"The truth of the matter is that Dra. Belo and I immediately proceeded to search the contents of the laptop for the video recordings of Dr. Kho after she herself entered the correct password, and when we found the video recordings of Dr. Kho with different women, she handed to me a DVD-R and, upon her request, I then made her a single master copy thereof in her presence and turned it over to her as soon as it was finished. Thereafter, upon Dra. Belo's instruction and in her presence, I deleted all video recordings in the laptop.
"Dra. Belo's lie that she left us at her house 'with specific instructions to delete the said video file from the hard drive should they find it,' is very obvious."
Ang paliwanag ni Erik dito, matatandaan daw na ang rason ni Dra. Belo noong una kung bakit kailangang i-retrieve ang computers at hard drive ay para malaman kung may sex video rin ba sila ni Hayden na hindi pa nadi-delete. Kung kaya't tila malabo raw na, at that time, magbibilin lang itong i-delete nila ang sex video na kinatatakutan nito at makikipag-dinner sa ilang mga kaibigan.
Kapansin-pansin na simula nang maglabasan ang kontrobersiya tungkol sa sex videos ni Hayden, may "mystery guy" na parehong hindi pinapangalanan pareho nina Dra. Belo and Erik. Ito ang sinasabi ni Dra. Belo na "computer expert" daw na kasama ni Erik, at sa affidavit naman ni Erik ay "friend" ang naging pantukoy niya rito.
Ni minsan ay hindi nabanggit ang pangalan ng "computer expert" at "friend" na ito sa affidavits nina Dra. Belo at Erik.
DRA. BELO'S WITNESS. Nilinaw ni Erik sa kanyang rejoinder-affidavit ang tungkol sa Singaporean national at business associate ni Dra. Belo, na pinangalanang si Jacqueline Thng, na kasamang nagdi-dinner daw ng cosmestic surgeon sa Silk restaurant sa Fort Bonifacio, Taguig City. Ang naturang Singaporean ay iprinisenta ni Dra. Belo bilang witness niya sa pagdating ni Erik sa kanilang dinner at pag-abot nito ng DVD ng sex videos ni Hayden.
"Both Dra. Belo and Ms. Thng lied when they claimed that: I went to Silk Restaurant on 12 December 2008; I handed a disc or DVD to Dra. Belo and that I said to Dra. Belo, "Ayan, regalo ko sa 'yo" or "this is my gift for you."
"The truth of the matter is that I did not go to Silk Restaurant on 12 December 2008, much less hand a disc or DVD to Dra. Belo in the said restaurant or outside thereof or tell her, 'Ayan, regalo ko sa 'yo' or 'this is my gift for you.' I also categorically, vehemently and strongly deny that I saw Dra. Belo, Dr. Rosario, Ms. Velasco and Ms. Thng at Silk Restaurant or outside thereof on the night of 12 December 2008.
"Though they tried to make their story follow the same script, the statements of Dra. Belo and Ms. Thng readily reveal that both are not telling the truth. Thus, Dra. Belo alleged that when I allegedly handed to her the DVD, I allegedly said to her 'Ayan, regalo ko sa 'yo,' Ms. Thng on the other hand, claimed that I allegedly said to Dra. Belo, 'this is my gift for you.'
"If the two will be believed, I spoke in two languages, English and Filipino, at the same time when I allegedly handed the DVD to Dra. Belo! If this is possible in this time and age, only Dra. Belo and Ms. Thng, who invented their make believe story, can explain it!
"As earlier agreed upon with Dra. Belo, I saw her at Powerplant Rockwell, Makati City, not at Silk Restaurant, in the evening of 12 December 2008. She was with Dr. Rosario and Ms. Velasco when I saw her at Powerplant."
Ang statement naman na ito ni Erik ay sinegundahan naman ni Dr. Bistek Rosario sa isinumite rin niyang affidavit kung saan nakasaad na: "Finally, if only to clarify one point: on the night of December 12, 2008, respondent Princess and I had dinner with respondent Dr. Belo and Ms. Jacquilline Thng at the Silk Restaurant or outside thereof after our dinner. Rather, we met up with respondent Chua at Rockwell, Makati City that evening as we watched a movie there together."