BI agent sacked for suspect’s flight

Immigration Commissioner Alipio Fernandez has ordered the relief of an immigration agent who allegedly escorted out of the country a Chinese national on trial for kidnapping.

Fernandez said the Bureau of Immigration (BI) legal office under Benjamin Kalaw is now crosschecking its records to determine if other officials might have helped escort Zhang Du, alias Wilson Zhang, out of the Philippines.

Zhang, who is being tried as an accomplice in the kidnapping of Jackie Rowena Sy Tiu in 2001 in the San Fernando City court in La Union, was reportedly deported back to China last May 7.

While declining to name the suspended immigration official, Fernandez explained that under the new rules, all clearances of both locals and foreigners who intend to leave the country must be checked by the bureau’s legal office.

The legal office has been tasked to ensure that no one listed on the BI watch list or hold departure order (HDO) list, particularly those facing criminal charges, are allowed to flee the country.

"In that report from Attorney Kalaw, we will know if there was any laxity on part of our men. But as our initial move, we already fired the staff who escorted Mr. Zhang to the airport," Fernandez told The STAR.

He said the BI is now stepping up measures to prevent a similar incident from recurring.

Du was able to post bail after the charges against him were reduced from primary suspect to accessory to the crime. He was brought back to the BI detention cell in Taguig City in 2001 after immigration authorities found he had entered the country illegally.

Tiu raised a complaint before the BI regarding Du’s "unwarranted deportation," calling on President Arroyo to sanction the officials involved in the escape.

Tiu also renewed her appeals to the Supreme Court to transfer the venue of the kidnapping case from La Union to Quezon City.

The six other co-accused who are also Chinese are currently detained at the La Union provincial jail, where they have been for the past four years during trial.

Since the trial started, Tiu lamented the case had been raffled off three times to different judges.

The latest change came when his case was reassigned to Judge Rose Mary Molina-Alim who set the resumption of the trial for Oct. 24 and 25.

Tiu said the last time her case went to trial was August last year.

Fernandez, on the other hand, claimed the BI was investigating the seemingly unwarranted deportation of Du.

He said the results of the investigation would be released by the BI Legal Office next week.

Fernandez claimed he was in France attending an International Police conference when the incident occurred.

Fernandez also clarified the investigation into Du’s flight would have ended earlier if operations in the bureau’s main building were not disrupted by a recent fire that partially razed the BI building in Intramuros, Manila.

"But more than anything, we will make sure that no similar incidents would happen under our term," he said.

Ninoy Aquino International Airport (NAIA) Immigration chief Ferdinand Sampol likewise claimed ignorance about the highly irregular deportation of Du last May 7.

Sampol claimed he was not even familiar with the criminal case against Du but admitted the Chinese suspect should not have been allowed to leave if he had an HDO against him.

There have been various cases of immigration agents allowing foreign nationals facing criminal charges to flee the country.

The most controversial was the escape of 11 Indian nationals who were facing drug charges a few years back.

On the other hand, the Chinese embassy declined to comment on the issue.

Embassy spokesperson Niu Jitao said the embassy has no complete details about the Du case.

Niu said Manila and Beijing have yet to sign an extradition case that would allow either country to expel citizens facing charges in order to face trial.

"The extradition treaty has not yet been signed," Niu pointed out. - With Marichu Villanueva, Rainier Allan Ronda, Pia Lee-Brago