Dismissal of the libel charge against Fr. Shay - November
23,1998
Republic of the Philippines Department of Justice
CITY PROSECUTION OFFICE
Olongapo City
|
ALAN DALE EDMONDS. -versus- FR. SHAY CULLEN |
I.S NO 98-1741 for Libe |
R E S O L U T I O N
The PREDA Foundation Inc. Press Release dated May 4, 1998 was retrieved in the Internet (http//www.subicnet.com/preda/archives/r9805052) thru the computer of Hartmut Joost at Baretto, Olongapo City.
The press release states among others that, viz: American to be charged with Child Neglect and Child Sex Abuse. Alan Dale Edmonds, 51, a retired American Air Force clerk is to be charged with sexual abuse of Rosalie, the underage housekeeper of his housekeeper, Mrs. Purisima Payumo.
In a sworn statement given before Floresta the 14 year-old boy admitted sexually abusing Gloria after watching Mr. Edmonds videos left around the house where he was staying with his mother, the housekeeper and his sister Rosalie. Edmonds then filed a complaint against Floresta for what he called Psychological abuse (this was dismissed already last April 27).
The police investigators and the government social welfare placed Gloria in protective custody at PREDA, for this Edmonds filed a complaint of kidnapping against Fr. Cullen. Edmonds is himself emotionally unbalanced according to a social worker who interviewed him and is influenced by outside parties out to discredit the work of the prosecutor and the PREDA Center.
The latest complaint is that Gloria was sexually abused while in the PREDA Children's home. But there is no evidence or witness of any kind to support the complaints and so, no charges have been made against prosecutor Floresta or Fr. Cullen. Edmonds will also be charged with obstruction of justice and making false and unsupported complaints.
The story of multiple acts of paedohilia in Edmonds' house came to light when, 7 year old Gloria, the adopted daughter of Edmonds, told her teachers she had been sexually abused by Ronald, the son of the housekeeper.
Later when rescued by PREDA social workers Gloria revealed that she had been sexually abused too by Oliver the adopted son of Edmonds after he and Ronald watched pornographic video tapes which Mr. Edmonds kept within reach. Gloria told the teachers that Mrs. Payumo and her father, Mr Edmonds ignored her complaints against Ronald with the aforequoted press release, Alan Dale Edmonds filed a libel case against Fr. Shay Cullen, the executive director of PREDA.
Respondent in his counter-affidavit dated October 20, 1998 advanced the following defenses:
1. The web page is private communication in storage.
2. The press release is not libelous.
Loosely, Internet has been defined as an international network of interconnected computers. It is a vast and expanding network of computers and other devices linked together by various telecommunications media enabling all the computers and other device to share and exchange date. The linkage is provided by a servive provider, either locally or internationally.
An internet user has an access code known only to the user and service provider. The service provider knows the real name of the user for billing of service fees. Access to the internet is possible if one knows the access code of the computer- internet user. After gaining access of logging in, the person can retrieve information through communication and information retrieval methods such as e-mail, newsgroup or bulletin board system (BBS), chat rooms and worldwide web. In the case at bat the retrieval method is worldwide web (www).
Respondent claims that the web site in storage of PREDA is private communication. It is not open to all, the public. The internet has been called the alternative media. With its retrieval method, publication is used. Quite true the access to the internet is available only to those with computers and service providers contract, but that does not remove communications made thru the internet not publication.
A internet user communicate with each other thru internet protocol (IP). The communication or information is copied thru storage by printing it out. The press release is copied by printing it out. With the use of access code, anonymity is an exploitable area. One cannot discount the possibility of the access code been known or broken by Internet users or hackers. This could be used against the access code owner. For that the question who really encoded\transmitted the press release is material. Criminal responsibility reveals that no evidence directly points the respondent to be responsible of the allegedly libelous press release. On this score, alone this complaint could be dismissed outright. Be that as it may, is the press release libelous? The aforequoted portions of the press release expresses an opinion relative past and future courses of action and narrates sequence of actions taken by the parties.
In view of the foregoing, the dismissal of this complaint is recommended.
Olongapo City, November 23, 1998.
ILDEFONSO F. RECITIS
Fourth Assistant City Prosecutor
F U L L C O P Y A V A I L A B L E U P O N R E Q U E S T