Jaworski son released on bail

Mike Frialde - Philstar.com

MANILA, Philippines - Makati Regional Trial Court (RTC) Branch 139 Judge Benjamin Pozon on Friday ordered the release from police custody of Ryan Joseph Jaworski after his lawyer posted a P480,000 bail for his temporary liberty before the Office of the Clerk of Court.

In a one-page order, Judge Pozon also scheduled Jaworski’s arraignment for the complaint of attempted murder at 8:30 a.m. on November 11.

Last October 13, the Makati City Prosecutor's Office indicted the 40-year-old  Jaworski, son of basketball legend and former Senator Robert Jaworski, and his driver Joselito Au, 50, for four counts of attempted murder each.

The 10-page resolution was received by mail by the National Capital Region Police Office Regional Police Intelligence Operations Unit (NCRPO-RPIOU) only last Wednesday and penned by Assistant City Prosecutor Gaudencio Tolledo Jr. It recommended that Jaworski and Au be charged in connection with the shootout that happened during the buy-bust last September 19 in Makati.

The resolution also found Jaworski guilty of illegal gun possession. The Prosecutor’s Office set the bail for his temporary liberty at P120,000. The resolution also pegged the bail for Jaworski and Au at P120,000 for each count of attempted murder.

Meanwhile, Prosecutor Tolledo, in the same resolution, also dismissed the complaint filed by the NCRPO-RPIOU against Jaworski for illegal gun selling.

“There was no actual sale of the purported M4 Armalite rifle subject of the negotiation and the same was not recovered. Worse, if there was indeed a negotiation for the sale of the firearm, the sale was yet to be perfected by the parties. While Jaworski in fact did not deny that the negotiation that took place between him and the informant and later between him and the poseuer-buyer, the subject forearm is yet to be inspected by the would be buyer, in this case, the operatives, as can be gleaned from the text messages. The contract of sale not having been perfected, it can be said that the transaction of Jaworski is merely and offer to sell the firearm which is not punishable under section 32 (Unlawful Sale of Firearms) of RA (Republic Act) 10591 (Comprehensive Firearms and Ammunition Regulation Act),” read the resolution.

The resolution also dismissed the complaint filed by the NCRPO-RPIOU agents against Jaworski for assault on an agent of person of authority.

“In the case at bar, the evidence is bereft of any showing that Jaworski knew or could have possibly have known during the aborted buy-bust operation that the operatives are law enforcers. When the operatives conducted the buy-bust operation they admittedly were not in uniform. The claim of the police officers that they were wearing their IDs is highly incredible for no police officer in his right mind would want anything that would indicate he is a law enforcer during a buy-bust operation,” the resolution read. 

The resolution dismissed Jaworski's counter-charges against the involved police officers for cases of frustrated murder. 

It would be recalled that in their 11-page comment, NCRPO-RPIOU operatives Inspector Joy Opalec, SPO2 Ronald Allan Antonio, SPO1 Dennis Venus, PO3 Noel RechelCruz, PO3 Joel Sanchez, PO3 Reynalad Cenon and PO2 Gerardo Navarro argued that Jaworski's motion to dismiss the complaints filed against him should be junked.

The NCRPO-RPIOU agents also argued that the September 19 buy-bust operation against Jaworski was valid on the ground that the shotgun being sold by Jaworski was unlicensed.

?In their rejoinder, the police officers argued that although small arms maybe registered, they said the accused, Ryan Jaworski, is not the licensed or registered owner of the Benelli M4 Super 90 shotgun that was recovered from his car.

?“The respondent (Jaworski) is incorrect in trying to emphasize on his futile defenses and vain attempts to cast doubt on the legitimacy of the operation while on the other hand it is glaring that the respondent, using his personal cellular phone had been transacting with the RPIOU for the sale of the firearm he is not authorized to possess, and which he is not authorized to sell, and he even had the temerity and the audacity to bring it with him in a vehicle to meet up with the RPIOU operatives in a valid entrapment operation,” the agents said in their rejoinder.

?The agents also again requested the Prosecutor’s Office to allow the case, which is now undergoing preliminary investigation, to reach the trial stage and dismiss Jaworski’s plea to dismiss all the charges filed against him.

?“To begin with a preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial,” the police officers said. 

?Last September 28, the involved NCRPO-RPIOU agents asked the Makati City Prosecutor’s Office to junk motions filed by Jaworski son to dismiss all charges filed against him and for NBI to conduct parallel probe of alleged Makati shootout.

?It would be recalled that Jaworski had earlier asked the Makati City Prosecutor's Office to drop the criminal complaints filed against him by police in relation to alleged gunrunning.

?In a motion to dismiss all charges, Jaworski, through his lawyers Richard Nethercott and Terence John Dawang argued that the sting operation conducted by elements of the RPIOU of the NCRPO was flawed and illegal.

According to Jaworski, the entrapment was set on the report that a certain Ryan Jaworski was allegedly offering an unlicensed M4 rifle for sale. However, Jaworski said that the firearm which he intended to sell was a licensed Benelli M4 Super 90 shotgun.

?“Hence from the outset, the purported buy-bust or entrapment operation was flawed, without basis and therefore illegal,” read the motion.

“In this case however, the purported subject did not have criminal intent to commit an offense according to the complainants themselves, as may be gleaned from the text messages presented, the purported subject merely acted as an agent offering for sale a licensed firearm. The property intended to be sold and being offered for sale was not an illegal or prohibited item,” the motion added.

?Jaworski, in his motion, argued that he did not fire at the RPIOU agents during the alleged sting operation. Jaworski in his motion also stated that no hot pursuit occurred as claimed by police.

?“The incident allegedly happened along Chino Roces Avenue near corner Pasay Road, which is very near the Makati Medical Center. And to say that they made a hot pursuit is simply absurd,” the motion read.

?“Therefore, premises considered, all the charges against herein respondent Jaworski should be dismissed for utter lack of merit. 

The truth is respondent Jaworski is the victim in this case. The victim of police elements who resorted to violence when their illegitimate operation turned futile,” the motion added.

?“Herein respondent and his family believe that since elements of the PNP are involved in this case, it is more appropriate that a neutral investigating body conduct its own investigation,” the motion read.

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