De Lima: Taiwan’s conclusion on death of fisherman premature

MANILA, Philippines - The Department of Justice (DOJ) dismissed as premature the conclusion of Taiwanese investigators that the killing of a poaching Taiwanese fisherman by the coast guard last May 9 was intentional.

Justice Secretary Leila de Lima over the weekend said the National Bureau of Investigation (NBI) has not yet completed its probe into the incident and has not come up with conclusive findings yet.

She would not confirm reports that the NBI found several violations of rules of engagement during the incident, while investigators so far gathered evidence showing the coast guard acted in self-defense against the aggressive act shown by the Taiwanese fishing vessels.

As to the statement of Taiwan’s Department of International and Cross-Strait Legal Affairs director Chen Wen-chi that Taiwanese investigators found that the shooting was intentional, De Lima said she was not sure if their probe was thorough and complete.

“We advise everyone to just wait for the results of the NBI investigation and avoid making any speculations and/or premature disclosure of so-called insider sources,” De Lima said.

De Lima believes that premature findings were irresponsibly released as they “would further fuel or aggravate the prevailing tension between the Philippines and Taiwan.”

The 17-member Taiwanese investigation panel arrived in the country last Thursday and left Saturday after their request for a joint probe was denied by the DOJ. They did not have access to key evidence gathered by the NBI: incident report from the Philippine Coast Guard (PCG), statements of the coast guards involved in the incident, and the ballistic reports from the firearms used.

The Taiwanese investigators said they decided to leave because of a lack of sincerity and cooperation by the Philippines.

Parallel probe possible

De Lima clarified that while a joint investigation is not possible since it would violate the country’s sovereignty, a parallel probe or cooperation between the Philippine and Taiwanese investigators could be considered.

She also assured the Taiwanese authorities that the NBI is conducting “a fair, thorough and expeditious probe to arrive at a just and credible conclusion.”

“That is the NBI’s mandate and NBI is perfectly cognizant of the seriousness and crucialness of its task. Until the conclusion of the NBI probe and submission of its report, everyone, including the media, is urged to refrain from making statements relative to the probe,” De Lima said.

The DOJ chief earlier directed NBI officials not to prematurely disclose initial findings in their probe. She said what can be released to the media are the steps and processes being undertaken and “not findings, opinions or conclusions.”

The NBI is expected to come up with its findings this week as the probe has been given “highest priority.” The bureau, however, has yet to get a go-signal for its team to fly to Taiwan to examine the fishing vessel and interview companions of the slain fisherman, Hung Shih-cheng, to be able to come up with a complete probe.

Citing sources privy to the probe, The STAR reported initial findings of the NBI that while the coast guards were on a defensive stance in shooting the Taiwanese vessel and only wanted to disable the poachers from fleeing, they may have violated rules of engagement in doing so.

It was learned that the personnel of MCS-3001, a 35-meter vessel jointly manned by the PCG and the Bureau of Fisheries and Aquatic Resources (BFAR), were preventing the Taiwanese fishermen from further entering the Philippine territory.  – With Alexis Romero and AP