Sandro Muhlach’s alleged abusers, Jojo Nones and Richard Cruz, moved for the dismissal of the HR complaint filed by the actor against them, with the GMA independent contractors’ camp saying there was “no evidence to prove his [Muhlach’s] story.”
Atty. Maggie Abraham-Garduque, Nones and Cruz’s legal counsel, said this after they attended the clarificatory hearing on Muhlach’s complaint at GMA on Monday, Sept. 16.
“[The investigating committee] are conducting a fact-finding investigation, so yes, Jojo and Richard were able to tell the true account of the story—kung ano talaga ang ginawa ni Sandro sa loob ng kwarto as opposed to the story of Sandro which is not only based on human nature and natural course of things, but not supported with evidence,” Abraham-Garduque told INQUIRER.net in a statement.
“We further furnished GMA with a copy of the joint counter-affidavit we submitted to [the Department of Justice] to show that Sandro has no evidence to prove his story, worst his evidence is contrary to his story,” she noted.
Abraham-Garduque then pointed out several of Muhlach’s claims which the actor supposedly “failed to prove.”
“Sinabi niya na-drug siya pero negative naman drug test. Sinabi niya he was restrained inside the room pero may messages sila ng friend nyang si Elijah at ng girlfriend niya habang nasa room siya,” the lawyer stated. “Meron din siyang call log sa GF niya proving nakatawag pa siya sa GF nyia habang nasa kwarto siya.”
“Sinabi niya na-rape siya pero wala naman siyang allegation sa kanyang sworn statement which would constitute rape, at pati medico legal niya ay negative for healed injury or laceration sa maselang bahagi ng katawan,” she continued. “And similar to the criminal case, ang burden of proof dito sa HR complaint ay na kay Sandro to prove his claim. Unfortunately, Sandro failed to prove it.”
Abraham-Garduque also lamented how Nones and Cruz have already been preventively suspended for a month “just because they were dragged to an untruthful and malicious complaint.”
“In the end, Jojo and Richard moved for the dismissal of the HR complaint against them,” the legal counsel said.
“Jojo and Richard also warned the committee not to tolerate this act of Sandro, otherwise this will serve as a precedent to other artists/talents who can just concoct a story against any production staff for publicity o para matanggal sila sa trabaho kapag ‘di napagbigyan ang gusto,” she further stressed.
Muhlach filed a complaint of rape through sexual assault and acts of lasciviousness against Nones and Cruz at the DOJ last Aug. 19.
The case is also being investigated in the Senate as part of the probe on sexual abuse in the entertainment industry.
GMA nor Muhlach have yet to give their comment on the matter.