DoJ okays filing of charges vs Dr. Kho, clears Vicky Belo

By Benjamin B. Pulta

10/23/2009

Criminal charges of “violence against women” have been recommended by the Department of Justice (DoJ) against embattled physician Hayden Kho in connection with the complaint of starlet Katrina Halili, Ma. Katrina Iren Halili in real life. The case was filed yesterday morning before the Pasig regional trial court.

In a 24-page resolution, the DoJ panel headed by Senior State Prosecutor Emelie Fe de Los Santos recommended charging Kho with violation of Republic Act 9262, otherwise known as the Anti-Violence Against Women and Children Act of 2004.

The complaint filed against Dr. Maria Victoria “Vicky” Belo-Henares, Erick Johnston Chua, Mark Herbert Rosario and Princess Marie Velasco were dismissed.

“We have not yet received a copy of the resolution but it only confirms what we have been saying from the start that Dr. Belo is innocent and there is not a scintilla of proof against her,” Belo’s lawyer Adel Tamano told the Tribune in connection with the development.

However, the prosecutors recommended that the National Bureau of Investigation (NBI) be directed to conduct an investigation into the possible culpability of Kho, Belo and the other respondents who may be responsible for the uploading of the sex video and recommend their prosecution.

“What respondent Kho did to complainant is a clear betrayal of the trust and love she gave him that has caused her emotional or psychological distress and is as abhorrent as violence of any kind,” the prosecutors said.

The panel cited a portion of the law which identifies violence against women as “engaging in purposeful, knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child” and “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child.”

The DoJ panel added the act of videotaping intimate moments with the complainant clearly shows his lack of respect for women. “He cannot simply justify said act with a disclaimer that the videotaping was not meant to be shown to anyone. He should own up and be responsible for his actions, particularly when it affects another person’s right and dignity.”

The panel reiterated that Kho’s “supposition and conclusion that he never intended anyone to see the video is untenably strained and far from truth.”

Kho claimed he met Halili on Aug. 22, 2007 when he performed liposuction on her. A week after the liposuction was made Kho received a call from Halili asking him to meet her in a hotel. He accepted the invitation and while there he sensed that he was being seduced by her.

He said Halili and her friends were under the influence of drugs and she even offered him some. They used drugs and while under the influence became physically affectionate and had sex.

During their encounters he insisted the sex video was taken while the camera was on top of a television and was not hidden.

On Dec. 9, 2008 he learned that his then girlfriend Belo asked his fraternity brother “Bistek” Rosario and friend Chua to go to his condominium to take his laptops and external drive.

He realized that he was about to lose the love of his life and, more importantly, the possibility that his deepest secret will be discovered. He then committed suicide for fear of the imminent consequences of his indiscretions but was saved by timely medical attention.

Kho maintained ever since his computers and external drive were taken from him, he did not have personal knowledge what became of them and their contents.

In May 2009, Kho said someone threatened him with public release of the videos and blackmailed him for money. He claimed he was a victim of this circumstance.

Two security guards at the residence of Belo, Ervin Serviano and Rolly Canonoy, confirmed Chua arrived at Belo’s residence on Dec. 12, 200.

Another witness, Jacqueline Thng, confirmed she had dinner with Belo, Rosario and one Francis Labora at Silk Restaurant and that Chua later arrived and handed a disk to Belo. Chua, for his part, denied the charges and said on the evening of Dec. 9, 2008, respondent Velasco, an employee at the Belo Medical Group, visited Belo in her residence and confessed that she had an affair with Kho.

On the same evening Chua said Belo asked him to retrieve the computers and hardware from Kho’s apartment. Later, while they were preparing to open the laptop, they learned Kho attempted to commit suicide, prompting them to bring Kho to the Makati Medical Center.

A certain Martin Villaroman managed to open the laptop and found several recordings of Kho’s sexual encounters. A copy was made and the file in the computer was then deleted.

Other members of the DoJ panel are Roseanne Elepano-Balauag, Ma. Lourdes Uy, Hjalmar Quintana Jr. and Xerxes Garcia. The recommendation was approved by Chief State Prosecutor Jovencito Zuño.

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