DOJ to pursue charges vs ‘unrepentant’ Sino poachers

The government will pursue criminal charges against 38 Chinese fishermen caught poaching last month by the Philippine Navy in the waters off Palawan, Justice Secretary Hernando Perez said yesterday.

"We will continue with the prosecution of the 38 Chinese fishermen who were charged with poaching, unless they plead guilty to the charges," he told a press briefing. "In other words, we will not release any one of them and we shall continue with the prosecution of all the parties who were caught."

Arrested last month, the fishermen were supposed to be arraigned and make a guilty plea in court on Sept. 27 along with 122 other Chinese fishermen also caught for poaching.

But their appearance was postponed because they didn’t have a lawyer. The fishermen face a penalty of at least six months’ imprisonment and a $100,000 fine for each of their two boats.

The 122 other Chinese fishermen were released by Puerto Princesa regional trial court Judge Perfecto Pe after they pleaded guilty on Sept. 27 and paid a $50,000 fine and spent six months in jail. Their eight boats were confiscated.

The government was unable to hold the fishermen just because they had not paid their full penalties, but suggested that the law be amended so that those who failed to pay fines in full be kept in jail.

Perez did not say whether the Chinese embassy sought a similar deal for those fishermen currently being prosecuted.

A diplomatic squabble between Perez and Chinese Ambassador Wang Chungui erupted on Sept. 20 when Wang demanded the release of the 122 fishermen.

Perez sought Wang’s expulsion after Wang got angry at him when he refused to release the fishermen without paying the $50,000 fine in exchange for a guilty plea, Perez said.

Wang reportedly shouted at him and slammed his fist on the table, Perez added. Perez also told the ambassador that it was up to the judge because the fishermen have already been charged in court.

Five days later, Perez withdrew his call for Wang’s expulsion to prevent souring relations between Manila and Beijing.

Wang, on the other hand, expressed regret for the incident.

The dispute came only days after Chinese legislative chairman Li Peng visited Manila and both governments pledged to strengthen ties.

President Arroyo, however, thought expelling Wang was "extreme" and ordered the DFA to mediate to prevent straining bilateral ties.

Philippine officials, including Perez, made it clear earlier that the Chinese fishermen would still undergo judicial proceedings in spite of the withdrawal of the complaint against Wang.

Perez’s conciliatory move came hours before the arrival of Chinese Defense Minister Chi Haotian for a four-day goodwill visit.

In a Sept. 10 meeting with Foreign Affairs Secretary Blas Ople, Wang expressed hope that the fishermen would be released in time for the Sept. 12-15 visit of Li Peng.

Ople at that time said he asked Perez if it was possible to release the prisoners as a goodwill gesture, but justice officials said that was not possible because charges had already been filed in court.

Perez said their release could be speeded up if they plead guilty and pay the fine. The time the poachers have already spent in jail would be credited to their sentence, he added.

On Sept. 12, the Chinese envoy met with Perez, who agreed to lower the original $100,000 fine on the Chinese fishermen to $50,000.

The poachers would likewise plead guilty and that the six boats would be confiscated.

It was not made clear why Wang demanded the poachers’ immediate release.

The poachers were arrested over the last six months off Palawan. Dolphins, sea turtles, endangered species of fish, cyanide and other illegal fishing gear were found in their boats. – With AFP