A Malaysian and three of his Filipino
accomplices facing charges for allegedly defrauding two
Filipinos of more than $100,000 involving GoldQuest pyramiding
scheme has asked the Supreme Court to stop the Quezon City
regional trial court from conducting trial of their case pending
resolution of a petition for review on certiorari earlier denied
by the Court of Appeals.
Vijayratnam Vijayeeswaran, Joseph Bismark,
Tagumpay Kintanar and Donna Marie Imson claimed that it would be
of "grave injustice" to them once QCRTC Branch 219 Presiding
Judge Bayani Vargas proceeds with the trial of the case.
They asked the Supreme Court to reverse and set
aside the January 24, 2007 decision and July 3, 2007 resolution
of the Court of Appeals dismissing the civil action for
certiorari and prohibition they earlier filed.
Vijayaeeswaran has been a major investor in the
Colombo Stock Exchange and his arrest in Jakarta made news here.
They were arrested in Jakarta on May 3 while
attending a party in a hotel, reportedly upon a tip from an
influential government official of Indonesia and are detained in
Jakarta. The three Filipinos face extradition proceedings.
The accused asked the appellate court to
prohibit Judge Vargas from implementing his April 28, 2006 order
for the issuance of arrest warrants against them.
They stressed that probable cause was not
established against them, claiming they did not defraud the
In their petition to the Supreme Court, the
accused said the Court of Appeals deprived them of their liberty
as it failed to appreciate that the RTC’s issuance of the arrest
warrants for an otherwise bailable offense denied them the right
to post bail.
The accused contested that the basic element of
syndicated marketing was not present in the case against them
because "there was no defrauding of funds from the general
They described the case as arising from a "mere
corporate dispute over company profits."
The case stemmed from the complaints of Enrico
Noel Uy and Patrick Zuniga who claimed that the accused
solicited from each of them the amount of $50,625.00 in 1998 on
the promise that they would be issued shares of a company to be
incorporated and eventually called Goldquest International Ltd.
(GQI) and that after six months, their investment in GQI would
earn $10,000 per month.
The fifth suspect identified as Kurt Rooco Rinck,
a German national is still at large but was already placed on
the Interpol Red Notice list. - GMANews.TV