Superior Court Associate Judge Kenneth L. Govendo dismissed the case against Benson John D. Dela Cruz after the preliminary hearing yesterday.
“As a result of these further investigations, it is now clear that the commonwealth will not be able to prove this case beyond a reasonable doubt. In fact, it is doubtful that a crime was committed. Specifically, the complaining witness has admitted she fabricated her story,” according to Assistant Attorney General Brian D. Gallagher’s affidavit in support of a motion for nolle prosequi.
Nolle prosequi — Latin for “please do not prosecute” — is a declaration made by a prosecutor in a criminal case, or by a plaintiff in a civil lawsuit, either before or during trial, that the case against a defendant is being dropped.
Attorney General Edward T. Buckingham in an e-mail said: “The evidence required to obtain a criminal conviction is proof ‘beyond a reasonable doubt.’ The burden to present admissible evidence sufficient to meet this legal standard is solely that of the prosecution (i.e., prosecutor must prove the case beyond a reasonable doubt).”
“In light of changed circumstances the evidence available was determined to be insufficient to proceed further with the case,” Buckingham added.
Detective Simon Manacop wrote to and asked the AGO to drop the rape case against Dela Cruz who was arrested on Oct. 20, 2010.
The complainant told the police that Dela Cruz never forced her to have sex.
“She stated that she lied about the whole thing because she wanted Dela Cruz to go to jail so that he would stop bothering her,” the complainant told Detective Melissa Bauleong on Oct. 25.
On Oct. 22, Jay Michael Matias, a witness, was escorted by police from his workplace Luen Fung Enterprises in Gualo Rai.
Matias told police he met Dela Cruz on the night of Oct. 15, and they drank beer. After going to a disco at about 2 a.m., Matias said Dela Cruz called someone, later identified as the complainant.
Matias said Dela Cruz and the complainant drank liquor and had sex afterward.
Matias “declined to join.”
On Oct. 17, the complainant began texting Matias, and they met in the evening.
Matias picked up the complainant who said she wanted to have sex with him, according to police.
After waiting for the complainant’s mother to fall asleep, the complainant agreed to proceed to Matias’ house in San Vicente where they had sex.
The complainant declined to be brought home early on Monday, Oct. 18, saying “the mom will get mad at her and chase her out of the house.”
Matias dropped the complainant at her house in the afternoon, police said.
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