THE chief government prosecutor has decided to inhibit himself from the $10-million estafa cases against Japanese gaming tycoon Kazuo Okada.
In a letter to Justice Secretary Menardo Guevarra late last week, Acting Prosecutor General Jorge Catalan Jr. recused from the cases following petition from complainant Tiger Resorts Leisure & Entertainment Inc. seeking his inhibition.
The cases were transferred to the Department of Justice from the Parañaque City prosecutor’s office after the reported leakage to Okada’s camp of the resolutions clearing the billionaire in the estafa charges.
“In view of the said motion for our inhibition, we are refraining from taking any action on these cases, much less to recommend (sic) the designation of a prosecutor as acting city prosecutor of Parañaque City,” Catalan said in his letter.
“Accordingly, we leave it to the sound discretion and judgment of the Secretary of Justice to cause the issuance of a department order for the designation of a member of the National Prosecution Service as Acting City Prosecutor of Parañaque to continue the preliminary investigation of the subject cases,” added Catalan.
As head of the DoJ’s National Prosecution Service, Catalan approved the controversial resolution that dismissed criminal charges against alleged drug suspects Kerwin Espinosa and businessman Peter Lim.
In seeking his inhibition, TRLEI cited Catalan’s earlier approval of a resolution junking perjury charges against Okada and the company’s former president Takahiro Usui on March 19, a decision the company has since appealed before the DoJ.
“TRLEI fears that if Prosecutor Catalan were to decide the cases or choose the prosecutor who would take over the cases, they would wrongfully and unfairly suffer a similar fate as the case in Makati City . . .” the motion stated.
A June 1 letter from the DoJ to lawyers of Tiger Resort showed that Guevarra’s office will designate a new prosecutor to handle the estafa cases.
TRLEI has accused Paranaque City Prosecutor Amerhassan Paudac of leaking the resolutions of his office dismissing the complaint for two separate estafa complaints to Okada’s close companion, Chloe Kim, who posted it on her Facebook and Instagram accounts last May 18.
Tiger Resort said even its legal counsels have yet to be given access to the said resolutions as of May 21.
Okada, who is subject of lookout bulletin order issued by the DOJ, served as chief executive officer of TRLEI, local subsidiary of Japanese firm Universal Entertainment Corporation (UEC) and owner and operator of casino resort-hotel Okada Manila, was booted out of the company in June last year and subsequently sued for estafa.
In the first estafa case, TRLEI accused Okada of illegal disbursement of company funds amounting to $3 million supposedly for his consultancy fees and salaries during his one-month tenure as CEO.
TRLEI alleged that Okada himself — within just one month — caused the disbursement of the corporate funds through his accomplice, Takahiro Usui, who was then TRLEI president and chief operating officer and who was also named respondent in this complaint.
The second estafa case, on the other hand, involves the supply of light emitting diode (LED) fixtures to Okada Manila by Okada’s personal company, Aruze Philippines Manufacturing Inc (APMI).
TRLEI alleged that the $7-million supply contract was given to APMI upon the behest of Okada, in conspiracy with his close associate, Kengo Takeda, who was the former Chief Technology Officer (CTO) of TRLEI.