Coast Guard men deny criminal raps

MANILA, Philippines - The Philippine Coast Guard (PCG) men tagged in the killing of a Taiwanese poacher yesterday denied the charges filed against them by the National Bureau of Investigation (NBI).

The respondents – Commander Arnold de la Cruz, Petty Officer 2 Richard Corpuz, Seaman 2nd Class Nicky Aurello, and Seamen 1st Class Edrando Aguila, Mhelvin Bendo, Andy Gibb Golfo, Sunny Masangcay, and Henry Solomon – submitted their counter-affidavits for the homicide and obstruction of justice charges filed with the Department of Justice (DOJ).

Citing basic technical ground under criminal law, the respondents sought the dismissal of the complaint for lack of probable cause.

They said the NBI failed to prove the death of Hung Shih-cheng.

“Complainant has failed to show evidence that Cheng is actually dead. Settled is the rule that in homicide cases, it is necessary to first establish the facts of death. There is absolutely no evidence on record that Cheng is actually dead,” the respondents, through lawyer Rodrigo Moreno, said.

Earlier an NBI team was sent to Taiwan to autopsy the body of Hung. However, they failed to do so as Taiwanese tradition apparently prohibits such action. The bureau also failed to produce a death certificate.

The PCG men claimed there is no physical, documentary or testimonial evidence of record that linked them to Hung’s supposed death.

They questioned the evidence submitted by the NBI, which they described as inaccurate and incomplete.

They cited the admission of the ballistician that there was no ballistic test conducted or cross-matching of the slugs and M-14 rifle allegedly used in the crime.

“Complainant has not presented any document or witness that could establish not only the conclusion that the supposed DNA taken from the M-14 slug matches that of Hung, but also the process through which such a conclusion was arrived at,” the respondents said.

The PCG men reiterated their claims that they were defending themselves from the “hostile” poachers.

They said the Taiwanese fishing vessel tried to stop them from approaching its companion boat. They said the vessel did not stop despite repeated calls through the radio and public address system.

The respondents recalled that a chase ensued before the boat stopped. They said when they were about to approach it, the vessel moved towards them in an apparent attempt “to ram our boat.”