DOJ overturns fiscal on case He may have been initially cleared of accountability by the Cebu City Prosecutor’s Office. But the case of the 49-year-old Australian accused of molesting three boys didn’t escape the scrutiny of Justice Secretary Leila de Lima, who recommended the filing of qualified trafficking and child abuse charges against him.

Six counts of qualified trafficking and child abuse charges were filed last week by the Department of Justice against the Australian before the Regional Trial Court of Cebu. No bail was recommended for the case which may be raffled off this week.

In overturning an earlier decision by Cebu City Prosecutor Nicolas Sellon to drop the charges against the Australian, de Lima said “the accused took advantage of the victim’s vulnerability by dangling money to them for their services.”

De Lima also questioned Sellon’s decision to drop the charges, saying it was “erroneous to say the least.” She lambasted Sellon for “failing to fully understand the provisions of the law.” “The undersigned (De Lima) finds it difficult how the city prosecutor of Cebu (City) was able to arrive at a totally founded conclusion of the law. Being a city prosecutor of the capital of Cebu, he should have known better,” the justice secretary said in reference to Sellon.

Secretary de Lima previously came under fire for not acting on a complaint against a Panamanian diplomat accused of molesting a Filipina. Asst. City Prosecutor Simaco Labata earlier found probable cause to indict the accused on charges of child abuse and trafficking.

When the complaints were submitted for approval, Sellon dropped the trafficking charges. Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003 has a confidentiality provision that prohibits the identification of the accused and victims in human trafficking cases.

The accused was arrested by the Regional Anti-Human Trafficking TASK Force and Regional Police Intelligence Unit-Regional Intelligence Division of the Philippine National Police inside Waterfront Hotel and Casino in Cebu City on Dec. 21, 2011.

The local police received a report from the Australian Federal Police regarding the accused who was reportedly engaged in “procuring and receiving underage Filipino males and sexually exploiting them for a fee.” Authorities saw three boys coming out of the room occupied by the Australian and brought them to the office of the hotel security for an interview. The three boys admitted they were sexually abused by the accused. The police then placed the Australian under arrest. The boys aged 15 and 16 years old were added as Facebook friends by the accused.

One of the victims said the accused offered to give them money in exchange for “their company.” The accused brought the boys to his room where they were given liquor and junk foods. He then brought one of the boys inside a toilet and molested him. He later paid them P1,500 afterwards. Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003 prohibits the “recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge for the purpose of exploitation, prostitution of others or other forms of sexual exploitation.”

The charges were deemed qualified trafficking since the victims were minors. One of the six charges filed against him was also considered “large scale trafficking” since the offense was committed against “three or more persons.” /Ador Vincent Mayol, Reporter

Source: http://cebudailynews.wordpress.com/2012/05/20/aussie-to-face-trafficking-charges/