Coast Guard men in slay of Taiwanese appeal case

By: Dona Z. Pazzibugan - 11 years ago

Chinese Coast Guard ships closely monitor a small Philippine vessel during resupply and troop rotation in the rusting BRP Sierra Madre. FILE PHOTO

MANILA, Philippines—Eight Coast Guard personnel charged with homicide for shooting to death a Taiwanese fisherman during an alleged poaching incident on May 9, 2013, have asked the Department of Justice (DOJ) to reconsider its decision, saying they were victims of “selective persecution.”

They said the fact that state prosecutors excluded personnel of the Bureau of Fisheries and Aquatic Resources (BFAR), who were with the Coast Guard men during the encounter in the Balintang Channel, from the homicide case disproved the DOJ’s theory of a conspiracy.

The eight Coast Guard personnel led by their commanding officer Arnold del a Cruz insisted that they acted in “self-defense” when they shot at the Taiwanese fishing boat and in the ensuing process killed fisherman Ho Shi Cheng since the Taiwanese vessel tried to ram the BFAR patrol boat.

The others charged were Seamen First Class Edgardo Aguila, Mhelvin Bendo, Andy Gibb Golfo, Sunny Masangcay and Henry Solomon, and Seamen Second Class Nicky Reynold Aurelio and Richard Corpuz.

Although there were 17 Coast Guard personnel on board the BFAR-registered vessel, only the eight who were found to have fired directly at the Taiwanese fishing boat were charged under the theory that they acted in conspiracy.

The Philippine Coast Guard last month placed the eight PCG personnel under indefinite suspension.

They formally filed their appeal on Thursday.

De la Cruz and another Coast Guard officer were also charged with obstruction of justice for allegedly submitting a falsified report on the number of rounds fired during the encounter.

“Any allegation of conspiracy is negated by the noninclusion of BFAR personnel also aboard the MCS-3001 (BFAR-registered vessel) among those charged with homicide. The singling out of the respondents is a case of selective persecution rather than of prosecution,” the accused Coast Guard personnel said.