The man whom employees have been pinpointing as the owner of a carnival in Valenzuela City where one died and nine others were injured in a freak accident involving a ride in the facility cannot be held criminally liable after all.
Senior Supt. Wilben Mayor, chief of police, told the Inquirer that based on barangay records, it was Delia Montero, and not Arnel Cudia, who was listed as the owner of the roadside carnival at the corner of MacArthur Highway and San Pablo St. in Barangay Karuhatan.
On Nov. 9, a barangay Bantay-bayan member, Niel Rafols, was killed there instantly after the coach he was in broke loose, detached itself from the rest of a caterpillar coaster ride, and flew off-track.
Nine other people, including seven minors, were injured in the accident.
The carnival, local officials said, had been running illegally, since the operator had not secured a permit from the Business Processing and Licensing Office.
“Although initially, Cudia was the owner according to employees, we found out later that it was Montero who owned it (the carnival) based on records,” Mayor told the Inquirer.
Mayor said that because of the new development, Cudia, who is still missing as of press time, could not be held liable for the accident, “legally speaking.”
“Charges cannot be filed against him,” Mayor told the Inquirer.
The police official said that by the time authorities found out about this, the police already had in their custody Montero, who was initially identified as the facility’s caretaker.
Charges of reckless imprudence resulting in homicide and physical injuries have already been filed against her and the machine operator identified only as “Machete.”
“Machete” is still at large, but two minors who were working as helpers in the carnival who were also taken into police custody have already been turned over to the city’s social welfare and development office.
Meanwhile, policemen are continuously patrolling the area where the carnival stands to ensure that an order to shut it down issued by Mayor Sherwin Gatchalian on Thursday morning is strictly complied with.