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Tuesday, August 14, 2007

Vijay Eswaran Cleared of all the charges against him

Frns,

Here is breaking news...... QI group Managing Director Vijayeswaran has been released from Indonesian Jail and he has been cleared of all the charges against him.

A JAKARTA court ordered the release of three Filipino businessmen and their Malaysian partner after it threw out an extradition request by the Philippine government because the crime they were accused of does not exist in Indonesian law.

In a decision promulgated July 31, Presiding Judge Prasetyo Ibnu Asmara of the District Court of South Jakarta cleared and released Malaysian businessman Vijayeswaran Vijayaratnam and his Filipino partners Tagumpay Pablo Perez Kintanar, Joseph Luis Eleuterio Tomacruz Bismark, and Donna Marie Glenn Imson.

All four are directors of GoldQuest International, a British Virgin Islands-registered company that sells limited-edition gold coins, and were earlier placed under police custody in the Indonesian capital on the basis of an extradition request by the Philippine government in connection with charges of syndicated estafa filed against them in Quezon City.

“The [Philippine govern-ment’s] request for extradition of the respondents was legally unreasonable and must be turned down. As the request is turned down, the detention of the [four] must be revoked,” the District Court of South Jakarta declared. The passports of all four were also returned.

The crime of syndicated estafa is unknown in Indonesian jurisprudence. Since the extradition agreement between the two countries adheres to the principle of “dual criminality,” the court said Indonesia and the Philippines must both consider any action a crime before extradition can be granted.

The case stemmed from a complaint filed by two former partners of the four, Enrico Noel Uy and Patrick Zuñiga, before the Quezon City Regional Trial Court on March 20, 2006.
Uy and Zuñiga claimed that they were shareholders of GoldQuest and that they lent the company more than $100,000 in 1998. They admitted having received in return US$760, 200.89 in dividends, allowances and monetary benefits for about seven years, aside from full payment for the loan with interest.

In 2005, Uy and Zuñiga formed their own competing company, N-Stream International, which failed. Having lost all their investments in NSI, the two demanded more dividends from their former partners and sued them for syndicated estafa later on.

Kintanar, one of the Filipinos named in the case, said: “I’m happy that we were vindicated by the Indonesian court but at the same time disappointed it took an impartial foreign tribunal to do so. Now I look forward to returning to the Philippines to clear my name once and for all. We are thankful to the Indonesian authorities for their fairness and sense of justice.”

Source : Manila Standard Today

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