Fiscal recommends dismissal of charges vs Indian businessman

MANILA, Philippines - The charges filed by the Makati City police against Filipino-Indian businessman Rajiv Ramesh Dargani, who allegedly killed a motorcycle driver in a hit-and-run incident last month, have been recommended for dismissal by City Prosecutor Estefano dela Cruz.

A check with the court administrative office yesterday showed that last May 21, Dela Cruz issued a resolution recommending the dismissal of the charges of reckless imprudence resulting in homicide, physical injuries and abandonment of one’s victim against Dargani based on the withdrawal of the complaints.

After the police filed the complaints against Dargani before the office of the city prosecutor, the case was given to Dela Cruz for resolution. A resolution could either mean the filing of the cases in court or the dismissal of the complaints.

According to the court administrative office, the recommendation to dismiss the complaints is still up for review by City Prosecutor Feliciano Aspi.

What withdrawal?

Makati City police chief Senior Superintendent Manuel Lukban expressed surprise at the recommendation, saying the police has not withdrawn the complaints.

“What we were really waiting for was the notification for the conduct of preliminary investigation, where we could present other evidence against Dargani,” he said.

Lukban said the complainant in the case is the city police and not the families of Dargani’s victims, who have desisted from pursuing the case and accepted a monetary settlement from Dargani.

“We are the complainants here. The fiscal cannot use the affidavits of desistance by the victims and attach these to our complaint,” he said.

Dargani is the president of Sunglass Hut Philippines, a retailer of top brand sunglasses.

The STAR tried but failed to reach Dela Cruz for comment yesterday.

Hit-and-run

Witnesses identified Dargani as the driver of an Audi R8 that crashed into a motorcycle along McKinley Road at past 3 a.m. on April 20.

Police said Dargani was driving along McKinley Road on his way home to Dasmariñas Village from the direction of the Bonifacio Global City when he allegedly overtook another vehicle and hit a motorcycle on the opposite lane.

Motorcycle driver Henrix Bernardo died on the spot while his passenger, Glenn Nacion Jr., was critically injured, police said.

Police said Dargani allegedly did not stop and instead drove to Dasmariñas Village. However, Dargani left the village and has not been seen since.

Relatives of Dargani’s victims told police that they are not pursuing the case and have executed affidavits of desistance. The police, however, still filed the complaints before the city prosecutor’s office, saying that Dargani still has to be held criminally liable for the incident.