Pre-trial of Chinese poachers stalled anew

MANILA, Philippines - The pre-trial of the Chinese fishermen caught poaching off Half Moon Shoal in the disputed Spratly Islands last month stalled again yesterday due to lack of a defense lawyer.

After the hearing was postponed last Tuesday due to lack of Chinese interpreter to assist the court, the Puerto Princesa regional trial court (RTC) again deferred the hearing due to the lack of a lawyer to represent the accused in proceedings.

It was the third time the hearing was deferred. The pre-trial hearing was originally set for June 4.

“The public attorney representing the accused during their arraignment did not appear. We’re not sure if the lawyer withdrew and who will be representing them in the next hearing,” Palawan provincial prosecutor Allen Ross Rodriguez explained.

He said Judge Ambrosio de Luna of the Puerto Princesa City RTC Branch 51 reset the hearing to July 1.

A pre-trial is held after arraignment to clarify points of law and facts to be used in the trial proper.

The nine Chinese fishermen first faced the trial court last May 21 and pleaded not guilty to charges of violations of Republic Act 8550 (Fisheries Code), particularly Section 87 or poaching in Philippine Waters and Sec. 97 or fishing or taking of rare, threatened or endangered species; and Republic Act 9147 (Wildlife Resources Conservation and Protection Act).

In that hearing, they agreed to be represented by a public attorney after rejecting the idea during preliminary investigation, where they insisted the Philippines has no jurisdiction over them since they were fishing within their territory.

Judge de Luna of the environmental court then provided a public attorney, Jocelyn Fumera, for the accused.

Last month, the investigating prosecutor approved the indictment of nine of the 11 arrested fishermen and filed the case before the Puerto Princesa City RTC after inquest proceedings.

The other two are minors and had been turned over to the Department of Foreign Affairs and deported back to China.

The prosecutor said he found probable cause in the complaint filed by the Philippine National Police Maritime Group against the respondents.  

The Chinese government earlier demanded the release of the fishermen.