THE Manila City Prosecutors Office dismissed the perjury case filed against casino mogul Kazuo Okada for lack of sufficient evidence and merit.
Senior Assistant City Prosecutor Francisco Salomon threw out four counts of perjury charges against Okada filed by Tiger Resort Leisure and Entertainment Inc., represented by Kenji Sugiyama. The decision was approved by Joselito Obejas, acting City Prosecutor of Manila.
The case stemmed from Sugiyama’s accusation that Okada committed perjury when he allegedly made two contrasting claims in his complaint filed before the Regional Trial Court of Paranaque and before the District Court, Clark County in Nevada, United States.
In his complaint before the Paranaque RTC, Okada said that he officially regained and/or never lost the majority ownership and control of Okada Holdings Limited, Universal Entertainment Corporation, Tiger Resort Asia Limited and TRLEI.
In his decision, Salomon said that in prosecutions for perjury, the statement must be a willful and deliberate assertion of a falsehood.
“Settled is the rule that mere inaccurate statement under oath without malice does not amount to perjury,” Salomon stressed, adding that Okada explained that his statement in the Intra-Corporate Complaint was made in good faith.
“It is his belief that he never lost ownership and control of his shares in OHL, UEC, TRAL and TRLEI because he owns and retains almost 100 percent of his shares in OHL,” Salomon said in his resolution.
Salomon said that Okada merely caused the registration without transferring ownership, of certain shares to his children, Tomohiro and Hiromi. The above-conditions for his intent to transfer his OHL shares to his children were not fulfilled.
Salomon added that Okada continues to own and control these shares as Tomohiro and Hiromi have yet to pay the inheritance taxes until now.