The Court of Appeals threw out a ruling of the Paranaque City Regional Trial Court which earlier found merit to put to trial for estafa Japanese gaming mogul Kazuo Okada, the former chairman and chief executive officer of Okada Manila hotel and resort, and his associate Takahiro Usui.
In a 24-page ruling dated Dec. 9, 2021, the appellate court’s Sixteenth Division held that the trial court gravely abused its discretion when it issued the warrants of arrest against Okada and Usui despite the lack of probable cause.
With this, the CA held that the criminal cases against Okada and Usui are dismissed and the warrants for their arrest recalled and quashed.
Usui is the former president and chief operating officer of Tiger Resort Leisure and Entertainment Inc. (TRLEI).
“In this case, apart from the procedural defect of failing to issue an order explaining his finding of probable cause, the lower court likewise gravely abused its discretion in issuing the warrant of arrest when the records suggest that there is no probable cause to indict petition and Usui of the crime charged against them,” the CA ruling penned by Associate Justice Alfredo Ampuan said.
“There was lack of probable cause to issue warrants of arrest because not all the elements of the crime of estafa was proved. There was no misappropriation or conversion by Mr. Okada of the money received,” the ruling which was also concurred by Associate Justices Bonifacio Pascua and Pedro Corales said.
It can be recalled that the case was filed before the trial court in 2018 after state prosecutors found probable cause to indict Okada and Usui for three counts of estafa based on the complaints filed by TRLEI, owner and operator of Okada Manila, a casino-hotel integrated resort located in Paranaque City.
They were accused of misappropriation of company funds allegedly committed when Okada was chairman and CEO of TRLEI, and Usui was its COO.