Motion to withdraw case vs. trader ordered held

Justice Secretary Raul Gonzalez has ordered Cebu City prosecutor Nicolas Sellon to hold in abeyance the filing of the motion to withdraw the kidnapping and serious illegal detention case filed before the court against Roderick Go and three others for allegedly trying to kill businessman James King three years ago.

Gonzalez already allowed Sellon to implement the Department of Justice resolution dated July 20, 2005 which states that there is no ground to hold Go, his wife Grace, bodyguard-policeman Roberto Petillos and driver Henry Baritua Jr., liable of criminal charges filed against them.

Sellon said he received two orders from Gonzalez. The first order directing him to implement the DOJ resolution by filing the motion to withdraw the information of the case before the Regional Trial Court Branch 24.

But while Sellon is already prepared to comply with the instruction of Gonzalez, he received another order from Gonzalez telling him to hold in abeyance the filing of the motion to withdraw because King's lawyers filed a motion for reconsideration of the DOJ resolution.

The lawyers of King strongly criticized Gonzalez for his resolution that said there is no evidence to prove that the accused kidnapped and tried to kill King on June 24, 2002.

King said it was Roderick Go who slashed his throat with a box cutter at the rooftop of the Metrobank Building in Plaridel Street.

King's lawyer Deolito Alvarez has threatened to sue Gonzalez for issuing a resolution reversing the decision of the Supreme Court which already ruled that the filing of the criminal case against the Go couple and two others are in order.

The SC's 3rd division last March 30 denied with finality the petition for certiorari filed by one of the respondents and affirmed the decision of the Court of Appeals that ruled the validity of the case filed against the respondents in court.

In criticizing Gonzalez, Alvarez said Gonzalez does not have the power to reverse the CA decision as is not above the Supreme Court.

King, the treasurer of J. King & Sons Company, went to the rooftop of Metrobank Building after Go called him up to discuss a check that Go issued to King as his payment on his P20 million debt, but bounced.

When King arrived, Go reportedly asked King to help him look for his ring inside the trunk of his car. But while King was looking for the ring, Go allegedly slashed his throat and pushed him inside the trunk.

King said Go then drove the car down to the parking level where Grace and the two other accused stayed behind as lookouts and to block off the rooftop.

King, who sustained 36 incisions, said he still managed to convince Go to bring him to the hospital.