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DoJ asked to include three others in sex video charges

By Benjamin B. Pulta

07/02/2009

Actress Katrina Halili yesterday asked the Department of Justice (DoJ) to include three other persons in her suit charging vanity surgeon Vicki Belo and Dr. Hayden Kho.

In her 25-page reply-affidavit, Halili asked government prosecutors to include Erik Johnston Chua, Dr. Herbert “Bistek” Rosario and Princess Marie Velasco in the charges as “accessory” for violation of Republic Act 9262, otherwise known as the Violence Against Women and Children Act of 2004.

She claimed in the counter-affidavits filed by Kho and Belo “it is clear that on Dec. 18, 2008 they knew that the sex video made by Kho was hidden in his laptop.”

Despite the knowledge of the respondents, Halili said, Chua, Rosario, Velasco conspired with Belo to cover up the crime of Dr. Kho.

Furthermore, Halili pointed out the assertion of Belo in her affidavit that she had no copy of the sex video is totally untrue.

The young actress noted that Chua himself confirmed in his affidavit that only Belo was given the master DVD copy of the sex video.

Halili claimed if the affidavit of Chua will be used as the basis, it is clear that Belo was with Chua when the content of the laptop of Kho was downloaded.

Last week, Belo (Maria Victoria Belo Henares in real life) vehemently denied that she authorized the distribution of the X-rated videos.

In her counter-affidavit submitted to the DoJ, Belo also sought the dismissal of charges lodged against her by one of the women separately featured in those videos.

“...I have never distributed or authorized anyone to distribute or make copies of the aforesaid videos or DVDs,” Belo said in her affidavit.

Belo explained the suit Halili filed against her lacked probable cause because the important elements to become an accessory to a crime are not present in this case. These elements are (1) that he/she has a knowledge of the crime; and (2) he/she participated in committing such crime.

Belo disclosed while she knew that Kho recorded their (Belo and Kho) sexual liasons, she was not aware that Kho also videotaped his sexual encounters with other women like the complainant Halili.

“...I certainly did not know whether or not the women therein, including the complainant (Halili), willingly gave their consent to have their private and intimate moments videotaped by Hayden. This was especiallly so since our sex videos were taken with my consent...” Belo said, adding mere knowledge of the existence of those videos does not constitute a crime.

Belo also debunked the claim of co-respondent Erick Chua that she instructed him to replicate and distribute copies of the X-rated videos, saying she even instructed the businessman to delete the videos from the hard drive of Kho’s laptop computer.

“...I never asked him to make me a DVD of all the videos in the hard drive, including that of the complainant. More importantly, I never distributed or authorized anyone to distribute or make copies of the aforementioned videos or DVD,” Belo said.

Belo disclosed she has witnesses who already executed their affidavits that could corroborate she had asked Chua to retrieve the files and ordered for their immediate disposal, and that it was Chua who first burned a DVD of the X-rated videos from the hard drive.

“...As I mentioned earlier, after seeing that the DVD which Eric gave me contained videos of Hayden having sex with other women, including complainant, I destroyed the DVD and hard drive and threw them away in a fit of anger...” she said.