NBI goes after those behind Hayden video

By JEAMMA E. SABATE
June 7, 2009, 8:56pm

After the filing of charges of violation of the Anti-Violence Against Women and Children Act against Dr. Hayden Kho before the Department of Justice (DoJ), the National Bureau of Investigation (NBI) is now going after the people behind the upload of the sex video of movie actress Katrina Halili and Kho on the Internet.

Head Agent Palmer Mallari, executive officer of the NBI Anti-Fraud and Computer Crimes Division (AFCCD), said they have to rely heavily on the technical aspect of the case to unmask those behind the initial upload on the Internet.

“We study and evaluate the affidavits and there are denials and conflicting statements so we need to go farther like the technical aspects. We are focusing on the initial upload. And then we can apply for search warrant,” said Mallari.

The NBI is not ruling out the possibility of including Dr. Vicki Belo as accessory to the complaint after businessman Eric Johnston Chua claimed in his affidavit that he gave the master copy (hard disc) of sex videos to Belo.

Chua said in his affidavit that that he has no copies of the sex video anymore because he had already deleted it even before the Halili-Kho sex video circulated on the internet.

With all the denials and conflicting statements of personalities who were subpoenaed by NBI, the bureau requested a website host based in the United States to help open the system log that would pave the way for the identity of person or persons behind the initial upload of the sex video.

Halili, in an earlier interview, expressed gratitude to NBI for the filing of violation of Anti-Violence Against Women and Children Act against Dr. Hayden Kho before the DoJ. Halili vowed to fight her case until the identification of the person or persons behind the upload of the sex video on the internet are unmasked. “I expressed gratitude to the NBI, Senator Bong Revilla, Gabriela, and friends and supporters now that a case has been filed against Kho,” said Halili in Filipino.

The bureau entered the second phase of the investigation aimed at identifying the person or persons behind the upload.

“We already asked our counterparts (website host) to help us for the system log of the websites that could be the key to determine who (is/are) behind the upload,” said Mallari.

During the Friday press conference presided over by Mantaring, lawyer Raymund Palad, counsel of Halili, said Chua admitted that she was instructed by Belo to copy the sex videos of Kho. “After copying the sex videos, he gave it to Dr. Belo and was instructed to delete the sex videos in the laptop of Kho. So he has no copy at all and the master copy (hard drive) is in the hands of Belo,” said Palad.

In a transmittal forwarded by Chief State Prosecutor Jovencito D. Zuno, the NBI recommended the filing of violation of Section 5 (h) and (i) of RA 9262 otherwise known as the Anti-Violence Against Women and Children Act, against Kho. The complaint was lodged by Halili, 23, and a resident of 11th St. corner Victoria St. , New Manila, Quezon City .

Investigation conducted by the AFCCD showed that the recording of the sex video of Halili and Kho occurred at the Holiday Inn, Ortigas Center, Pasig City in  Sept. 2007.

In recommending the filing of case against Kho, NBI director lawyer Nestor Mantaring and Deputy Director for Special Investigative Services lawyer Victor Bessat, cited the result of psychological evaluation made by NBI Neuro Psychiatric Division (NPD) as one of the grounds.