Already a fugitive hiding from the law for an earlier criminal conviction of falsification, Timothy Desmond, former CEO and Chairman of the Board of Ocean Adventure’s registered company Subic Bay Marine Exploratorium, Inc. (SBMEI), is again convicted, this time on two (2) counts of perjury.
“There is no excuse for perjury – never, never, never. There is truth, and the truth demands respect,” Judge Esmeralda B. David of Olongapo MTCC Branch 4 said in her decision on Monday (Oct. 26), quoting former US Solicitor General Kenneth W. Starr, slapping Desmond with up to two (2) years and two (2) days imprisonment for both cases.
Desmond was charged of two counts of perjury for making two (2) judicial affidavits which, the court said, bear untruthful statements, stating under oath that he never pretended and indicated on the minutes of the September 14, 2002 SBMEI Special Stockholders’ Meeting that private complainant Virginia S. Dio was present, citing the words “represented by” were written beside her initials VSD because she was not physically present.
However, Judge David ruled that “the court could not close its eyes to the bad faith attached to the words ‘represented by (VSD)’,” noting that the judicial affidavits containing the falsity could make or break his (Desmond) cases for falsification and use of falsified documents,” referring to the previous case where he was eventually convicted.
“The prosecution has sufficiently proven that there was deliberate intent to make a false statement regarding the matter,” the ruling said.
In the said Stockholders’ Meeting, despite her absence and lack of representation, Dio was ousted as a member of the Board of Directors, Treasurer and Chief Financial Officer of the company, which the court described as “irregular and in bad faith.”
Desmond failed to attend the promulgation of judgement, apparently to evade arrest for the earlier conviction of falsification by the 4th Municipal Trial Court (MTC) of Bagac, Bataan, that sentenced him up to 3 years, 6 months and 21 days imprisonment.
With the two counts of perjury convictions and previous falsification conviction, Desmond is now facing up to 5 years, 6 months and 23 days imprisonment, if and when the long arm of the law eventually catches up with him.
Attempts by lawmen to arrest Desmond in his known addresses in the Subic Bay Freeport, including the theme park Ocean Adventure, have failed although he is believed to be still in the country hiding from authorities.
While the previous falsification conviction has become “final and executory,” Desmond’s failure to attend the promulgation in the perjury convictions forfeited his right to file an appeal to a higher court, according to Dio’s counsel lawyer March Jefferson M. Fernandez, based on the Rules on Criminal Procedure.
“As it is, he may not even be eligible for parole,” Fernandez said, “he still has two (2) pending perjury cases, one at MTC Branch 5, and another at the Office of the Prosecutor of Olongapo City.
Desmond’s travails has been going on for the past 2 decades, emanating from the September 14, 2002 Special Stockholder’s Meeting.
“The wheels of justice may be slow, but eventually, justice prevails,” Dio told Subic Bay News, in reaction to the opening line of Judge David’s decision convicting Desmond that Quotes Buddha: “Three things cannot be long hidden: the sun, the moon, and the truth.” (VVV)