MANILA, Philippines – Independent GMA contractors Jojo Nones and Richard Cruz filed a counter-affidavit against actor Sandro Muhlach’s rape complaint before the Department of Justice (DOJ) on Thursday, September 12.
According to a report by ABS-CBN News, the two independent contractors argued that there was not enough evidence to charge them with rape through sexual assault, citing inconsistencies in Muhlach’s testimony.
Maggie Abraham-Garduque, the pair’s attorney, mentioned that Muhlach’s drug test came out negative. It can be recalled that on August 27, the actor alleged that he was forced by Nones and Cruz to use illegal drugs before sexually assaulting him.
In their counter-affidavit, Nones and Cruz said that Muhlach’s testimonial evidence does not mention any allegation that an object was inserted into the actor’s mouth or anal orifice, according to a report by INQUIRER.net. Abraham-Garduque then cited Muhlach’s medicolegal test, whose results indicate that no object had been inserted into the actor’s anal orifice.
“That complainant alleged that tongue is considered as an object or instrument. However, jurisprudence declared that for tongue to be considered as object or instrument, it must be inserted into the genital or anal orifice of the alleged victim,” the counter-affidavit read, according to the same INQUIRER.net report.
The actor and his father, Niño Muhlach, were also present at the DOJ, where Nones and Cruz filed their counter-affidavit. Niño Muhlach said that his son felt angry after coming face to face with the two independent contractors.
Nones and Cruz’s counter-affidavit comes almost a month after they first denied Muhlach’s sexual assault allegations on August 13. The former was also detained by the Senate, but was later released from custody on August 29.
Muhlach filed his rape complaint against Nones and Cruz on August 19. His legal counsel said that they were confident in the complaint.
“The evidence is strong. We have the evidence that we need. We will get the justice that Sandro deserves,” she said.
In late July, reports emerged about a young actor who was allegedly sexually assaulted by two “GMA executives” after the GMA Gala on July 20. It was on August 1 when GMA Network released an official statement informing the public that they “received a formal complaint from Sparkle artist Sandro Muhlach against two GMA independent contractors, Jojo Nones and Richard Cruz.”
On August 2, Sandro, accompanied by his father, officially filed a sexual molestation complaint against Nones and Cruz with the National Bureau of Investigation. – Rappler.com