Talks between PH, Taiwan probers end; exchange of evidence awaited
MANILA, Philippines—Only the turnover of authenticated documentary and other evidence in the hands of Taiwanese authorities stand in the way of the completion by the National Bureau of Investigation of the report on its investigation into the killing of a Taiwanese fisherman in the Balintang Channel last month and, consequently, the possible filing of charges against members of the Philippine Coast Guard involved, a high NBI official said Friday.
Virgilio Mendez, NBI deputy director for regional services, said at a press conference their Taiwanese counterparts have agreed to provide Philippine authorities with the necessary evidence but the question was how and when, in light of the absence of formal diplomatic relations between the two countries.
He indicated the process would have to be carried out between the Manila Economic and Cultural Office and the Taipei Economic and Cultural Office, the closest thing to embassies both countries have in their respective capitals. He said the Philippine side also has to provide the Taiwanese with evidenciary material in its possession.
In any case, after a series of meetings between the two groups of investigators, “discussions were terminated this afternoon and we agreed on some issues like exchange and clarification of evidence collected,” Mendez said.
Mendez described the meetings as “cordial and at the same time passionate.”
“It was cordial, but when we talked about serious matters, they were passionate also,” he said.
Mendez said the Philippine side requested for “official English translation of all documents and results of their physical examinations, like results of their forensic, ballistics and autopsy examination.”
In return, he added, the Taiwanese probers asked for a “photograph of the video camera recording (VCR) and the memory card of the footage taken by one of the PCG personnel” of the encounter last May 9 between the Taiwanese fishing boat allegedly poaching in Philippine waters, and a Bureau of Fisheries and Aquatic Resources manned by Coast Guard personnel.
Mendez said that the NBI report could not be completed unless their Taiwanese counterparts transmitted to the MECO not only the evidence but also a formal written complaint from the heirs of the slain fisherman.
“We were trying to settle how these documents will be transmitted to us, which will be scrutinized and evaluated, and if we will be filing charges, we need these authenticated documents for them to be admissible in court,” Mendez explained.
Mendez said that apart from documentary evidence, they also requested for the turnover of physical evidence like the slugs recovered from the fishing boat.’
“Very crucial ballistics evidence, the slugs are with them and without the slugs presented during the trial, this case could not move on,” Mendez said.
Mendez also said that the NBI also requested for the results of the investigation into a skid mark left on fishing boat’s bow.
He added the probers had come to an agreement on such issues as the number of firearms involved. While the NBI had only 15, the Taiwanese counted 22 guns on their list.
“They made a mistake; their figure referred to magazines not firearms,” Mendez said.
He said both groups also agreed on the need to establish the holder of the weapon that killed the fisherman.
“We have the ballistics report and we agreed to identify the holder of the firearm if positively identified,’’ Mendez said.
He said that among the things also discussed in the meetings was tyhe need for victim’s family to file a formal complaint through the MECO.
The victim’s family had earlier filed murder cases in Taipei against several PCG John Does.
“In a criminal case, we need a complainant,” Mendez explained.
He also clarified that the investigators did not discuss any conclusions arrived at by either team in their separate although coordinated investigations.
“There was no discussion about conclusions, only about evidence and documents,” Mendez said.
He said each team “will have their own assessment and appreciation though looking at the same evidence.”
On the question of whose territorial waters the incident took place, Mendez said, “We did not have any argument over the place of incident. Both have no objection on the coordinates; the specific area is the same.”
He added that while the investigation remained of the “highest priority” he could not ascertain when it will be completed and submit to Justice Secretary Leila de Lima.
