Sunday, May 24, 2009

Atty. Lorna Kapunan Interviewed by Pia Guanio on Showbiz Central, May 24, 2009, Sunday (Transcript and Video)

24 May 2009

Below is the transcript of Ms. Pia Guanio's interview over the telephone with Atty. Lorna Kapunan at GMA-7's Showbiz Central.

Transcript of the interview (AK refers to Atty. Kapunan):
Pia :  Mga taga Showbiz Central, we have on the line at live ang attorney po ni Dr. Hayden Kho na si Atty. Lorna Kapunan. Magandang hapon po sa inyo, Attorney?

AK :  Magandang hapon rin sa 'yo, Pia.

Pia :  Yes, Attorney, first of all, we would like to ask, kamusta na po si Hayden sa ngayon?

AK :  So, si Hayden ngayon is with his family.  Nagpapahinga.

Pia :  Ano po ang lagay niya?  Kundisyon niya? Is he ...? 

AK :  The last time I saw him was 'yung day na nag-isyu siya ng public statement no, and when he apologized to Katrina and ... for what he did.  Since then, he has been in the company of his parents. 

Pia :  Attorney Kapunan, we know that sinabi na po ni Hayden that he's ready to surrender his medical license if need be but I would like to ask you Attorney, could he be criminally liable for anything in this matter?

AK :  Ah ... right now, there are ... I understand there are two cases pending.  One, is the ... based on what we see on TV and what we hear, there is I understand an anti-pornography case and although we have not seen a copy ... ah, there is I understand from an interview with Director Mantaring a violation of Republic Act 9262 yung domestic violence law ... as regards criminal cases, 'no. Meron ding administrative case for the ... filed by the complainant Katrina for the cancellation of his practice ... license to practise medicine.

Pia :  And how strong is your case against these mga kaso pong kriminal?

AK :  As a matter of fact ah ... there is ... as far as we're concerned, si Hayden has already accepted the fact that the video ... that the videoing of a sexual ... sexually  ... of a sexual private and intimate matter really, he realizes is wrong.  Is wrong and he desires to take full responsibility for what he now realizes is a wrongdoing, 'no .  Pia dapat nating intinidihin that this sex videos were not taken recently ... they were taken two years ago and since two years ago and starting this December, Hayden has been undergoing treatment both medical, psychological ... and he's also gone through spiritual healing starting this December.

Pia :  So Ma'am are we assuming here that you are going to pursue the angle na ... his insanity plea in this case?

AK :  No, we are not pleading ... we are not pleading insanity, 'no. In fact, Hayden is saying that he takes full responsibility.  We don't know where ... bakit kumakalat na ang defense namin dito ay insanity. We are not ... We have no defense! The act by itself  of videoing a sexually intimate act is ... ah 

Pia :  is wrong.

AK :  is a wrong ... it's wrong ... it's wrong whether or not the complainant consented, it is wrong whether or not they were under the influence of drugs  ... and he takes full responsibility for that ... As I said, this was two years ago, 'no, but yung  offense which is being talked about which is the downloading and uploading ... downloading from the computer and uploading to the Internet, he himself is an offended party there. 

Pia :  Atty. Kapunan, I would like to know nga po kung these videos were taken for private use only by Dr. Hayden Kho ... paano po ba naisapubliko ang mga videos na ito?

AK :  According to Hayden, they were made public by a common friend of his ... his friend and the friend of Dra. Belo, a certain Eric Chua.

Pia :  Yah, Ito pong mga friends na ah ... are being blamed po no, allegedly for uploading the videos, ah, pinaghahanap po sila ng authorities right now and since they are friends of Hayden, have you made any efforts to get in touch with them and to cooperate with the authorities? 

AK : The ... I've asked Hayden, 'no, and we have evaluated and we are submitting to the jurisdiction of the Optical Media Board. Chairman Edu Manzano is presently investigating as Chairman of the Board... which is mandated, 'no, that is the government agency that is mandated to investigate  ... violations of our anti-piracy and anti-pornography law. ... He already understands ... I have not talked to him personally ... he already has certain lead that points to a certain Eric Chua and  I learned from certain reporters yesterday that this Eric has not denied liability but is pointing to a technic ... computer technician whom he says was the one who ... is responsible for distributing.

Pia :  So alam na po ang whereabouts nitong mga individuals na ito?

AK :  I have not heard Chairman Manzano make any official pronouncement but I assume that his agency is doing the right stand because we know the track record of Chairman Edu and he has been consistent in really tracking down violators of the anti-piracy and anti-pornography law ... so in ... as counsel for Hayden and Hayden himself is saying, 'Let's wait for the findings of the Optical Media Board ...'

Pia : Yes Ma'am. Atty. Kapunan, last question na po ... I just want to know ... kasi po, Hayden gave an interview on Friday ... he let go of some very controversial words, for instance, ang sabi po n'ya, for the public "... to condemn the sin and not the sinner." Ano po'ng ibig niyang sabihin dito? Is he in fact saying or he is acknowledging that taking videos of his sexual partners is wrong?

AK :  Yes, precisely as I said Pia. Itong videotaping of the sexual act, this is not recent ... it did not happen yesterday ... it did not happen this year, this happened two years ago .

Pia :  But that still doesn't get him off the hook, Ma'am ... he still did the act.

AK :  No, precisely ... he is not trying to get off the hook ... as a matter of  fact, he is trying to move forward by ah ... since December, getting professional treatment and apart from that, he has said that he will face ah ... he will face all the legal consequences for an act which he ... for a wrongful act which he admits.

Pia :  So ano po'ng ibig niyang sabihin nung sinabi niya nung Friday for the public "... to condemn the sin and not the sinner"?

AK :  What ... what he is saying ... is that ... ah ...

Pia :  Is he saying that there is nothing wrong with what he did?  That he should not be blamed for it.

AK : No, Pia, no.  What he is saying is what he did is wrong ... that when did it he did not realize that it is wrong ... but now, he realizes ... in fact ... he realizes that what he did is wrong. and he in fact has confessed.  He has confessed and asked apology from Katrina.

Pia :  Atty. Kapunan, I just like to ask po your personal opinion on this matter 'no ... as a woman defending Hayden Kho ...  how did you feel personally when you saw the sex videos yourself?

AK : The sex video ... the sex video, pure and simple,  is ... is exploitation. There is exploitation of the woman in that video ... of Katrina Halili in that video. 

Let us also recall that exploitation here is continuing.  I have said in many interviews that it is really unfortunate that this happened, that this happened and that there are ... there are pornographic materials that are circulating because of the sensationalisation that the media has given this case ... 

because of the sensationalism that Senator Revilla has given this case... 

So, we are all forgetting that each time that this case is sensationalized, each time, there is continuing exploitation.  

So, it is ... it is not a singular wrongdoing, it is not a singular wrongdoing of Hayden ... of videoing this sexual  ... this sexual act but it is a continuing violation not only of Katrina's right to privacy but Hayden himself ... and that is what we are fighting about ... ah 

... exploitation by the press ... exploitation by those who wish to make political capital of what is a deplorable crime.  

Pia : Yes Ma'am we get your point. Marami pong salamat, Atty. Kapunan, Hayden Kho's legal counsel for your time this afternoon.  

AK :  Thank you rin, Pia.

Pia :  Maraming salamat po sa inyong oras.

Here is the video clip of the interview courtesy of GMAnews.tv:



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