AGTML

Chapter 39

Rising Up

At the Trial Court

“Your honor may I present Exhibit A and Exhibit B which shows that Mr. Magalona’s involvement in SeaFrance, Fujima and PSJ, and how Mr. Magalona insured PSJ to Fujima.” The prosecution started. “The facts also show that Mr. Magalona earned more than 50 million dollars during his stay in PSJ and increased more than 100% when he went to Alleanza Assicurazioni. Isn’t it disproportional for someone like him, who haven’t finished his studies receive a high position in these companies and earn this amount? The President of Free Day Corporation, if I am not mistaken, merely earns 45 million in its maximum annually. But Mr. Magalona, whose position in these corporations are unclear, earns more than Free days’ President? Doesn’t it raise a doubt ladies and gentlemen, how Mr. Magalona has earned these funds?”

The prosecution continued with his arguments and uttered every word known in the dictionary just to pin down the reputation of Elmo. Though he remained silent and was contemplating deeply.

Shoot! I failed to cover that part! Where did they get that account? Elmo told himself.

Julie noticed Elmo was troubled so she put her hand on his lap to comfort him.

After a while it was Julie’s turn to rebut and present the arguments.

“Good Morning again!” Julie smiled “We shouldn’t immediately cast doubts to ourselves just because we were presented some big amounts and a comparison of incomes. Firstly, though Free Day Corporation is one of the top 10 best performing companies here in Australia. To our Jury, your honor, may I present our set of evidence to rebut the prosecution and strengthen the innocence of my client?” Julie handed down the documents (She nervously coughed) “As you can see, unlike Free Day, PSJ boasts its international connections. If Free Day rules the business of almost 1/4 of Australia, PSJ owns also 1/4 locally and shares income with companies from Asia, and Europe. Thus, bragging aside, PSJ earns 6 times larger than that of Free Day. I myself, as the president before, annually earn 65 million. It is thus logical for Mr. Magalona to earn that amount. It is also not true that Mr. Magalona has no specific position in PSJ. In truth and in fact, he is the second highest share holder in PSJ and the External Vice President for International Relations in the same company, we all agreed to put up that position and put him there in order for us to further utilize his talents. It is doesn’t matter whether Mr. Magalona wasn’t able to finish his education. Steve Jobs, the founder of Apple was not able to finish his school. Bill gates also share the same fate. What is essential is not what you finished but what you know and do. Mr. Magalona has showed us his talents and thus deserves one of the highest positions in PSJ.” Julie explained.

The Jury nodded.

Julie continued to explain and defended Elmo during the trial. Days become weeks and the trial went on. The prosecution was insistent with Elmo’s income as incompatible with his educational background while Julie maintained her stand in rebutting it as non-essential. Soon the trial was almost over and the two sides have to give their final arguments before the Jury decides on Elmo’s liability.

After the prosecution has rest their case, it was Julie’s turn to conclude.

“To our honorable Jury, we all have been debating whether or not Mr. Magalona’s income is determinant to his guilt. But we have always been insisting that the same is illogical. Again a person’s income and educational background does not prove that my client caused damages to the members of the union. If we stick to the facts and understand it through reason, we can even conclude that Mr. Castracani’s withdrawal was done by his in own will. The damage incurred was not the fault of my client, everything was accounted properly and his incomes were not laundered. The very essence of Estafa is that there should be either deceit or abuse of confidence, and damage. There was damage indeed, but my client never employed deceit or abuse against the complainants. Thus, there is no Estafa in the first place. With that, I plea to this honorable court to acquit my client from the charges filed against him. I rest my case. Thank you.” Julie ended.

After a while, the Court called for a recess to reconsider the facts and evidences presented before announcing the decision. Everyone was nervous as to the outcome of the trial. Two minutes seem to become an hour as Elmo and Julie waited for the Judge and Jury to come out again.

The trial was resumed eventually and everyone listened to the Judge’s decision.

The Judge concluded  “ …it is a well settled principle in criminal procedure and criminal law that in order to convict an accused the prosecution must establish an a degree of evidence beyond reasonable doubt. Because this is the only way from which the presumption of innocence of the accused can be rebutted. However, it was clear that the prosecution has failed to establish this. The evidence presented by the prosecution and the relationship of a person’s educational background and his income does not give rise the assumption of guilt. In fact guilt could and should never be assumed prior to the pronouncement of verdict. The defense has successfully pointed out the elements of Estafa and was able to use it in defending the rights of the accused.  With that I hereby declare Mr. Elmo Moses Magalona not guilty for the crime of Estafa. However, due to the damage caused by the failed partnership between PSJ and Alleanza Assicurazioni, I also order the two companies to pay the employees union as damage compensation. No cost on the petitioner. So ordered.”

Everyone on the defense, especially Elmo and Julie rejoiced upon hearing the decision of the court. He embraced Julie so tight and cried.

“Julie thank you, thank you very much!” Moe tears.

“I am so happy Moe! I did it! We did it!”

“Yes we did it! All because of you! Thank you Hon!”

***

Back at Elmo and Julie’s Abode

“Free! I am free!” Elmo was screaming gladly.

“Of course you are!” Julie shouted back from the kitchen “Here let’s celebrate with your favorite dish.” She added.

“Julie, I can’t explain the joy within me. I owe you a lot.”

Julie embraced him, “It was nothing. If I am on the same situation I know you’ll do the same thing for me.”

“By the way. Is it really true that you own more than 65 million dollars?” Elmo suddenly asked.

“Oh that one? Not exactly, I don’t have that much cash. Those 65 million dollars were all named to PSJ and owned by PSJ. I cannot name to myself completely since I wanted it to solely be owned by the whole company.”

“Oh I see. So you lied in court?” Elmo smirked.

“Not that much. Julie giggled. “I was panicking on how to rebut their claims that is why I have to come up with a defense…” Julie blushed.

Elmo laughed “Its okay.” He kissed Julie on the forehead. “I’ll also do the same thing for you… you can use all of my funds to pay them and also the members of PSJ.”

“But Moe…”

“Julie I don’t care if I lose all of my money as long as I do not lose you.”

“Thanks Hon, thank you so much.” Julie kissed him back.