I talked with Randy again yesterday. He was thrilled about the newspaper article yesterday which was essentially an unsolicited tacit sign of support from Governor Moreno — or at least as much... and as tacitly... as a politician of his standing and position can give. The Stirms have yet to speak with Governor Moreno, or convince him of anything, so the fact that the Governor's office put out a presuppositious statement that help is available at the State House is highly significant.
Randy agrees with me that his case will eventually be settled out of court. His lawyer is expecting a settlement and damages that will be just beyond the 7-figure range. "Call it 'a one followed by a lot of zeros'," Randy suggested. The Stirms are now broke and selling off their belongings one by one, so obviously the sooner a settlement is reached, the happier they'll be.
A couple of people in the comments section have been ranting about "all the crimes" the Stirms have committed, and rules they have broken, and jail time they will serve, and deportations they will face. The fact is that 3 weeks after the incident, The Stirms have yet to receive word of a single charge actually having been filed against them, and no warrant or subpoena has yet to arrive at their house. Even the few comparatively-insignificant charges that Gingoog officials hinted at in one newspaper article have yet to materialize anywhere outside of those few lines in The Gold Star Daily.
Given that fact, and the fact that no politician — especially a Governor — would step into the fray with supportive words for some putative American scofflaw, I think we can consider those hyperbolic and unfounded accusations hereby debunked. If the Stirms were genuinely guilty of something... a crime serious enough to lose a 2-million piso boat over... then obviously 3 weeks on, after all the TV interviews, the newspaper articles, and the massive publicity, some official legal action would have already surfaced. Some official mention of those crimes would have been made, at least as a defense or counterclaim against the Stirm's constant woe-is-us-Gingoog-is-bad accusations. They haven't. The Wheels of Justice in The Philippines may turn slowly, but when political careers and reputations are on the line, those things which need to be done... which can be done... are given the priority they deserve. The official silence we hear against the Stirms is — to use the old hackneyed phrase — deafening.
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12 comments:
oh what bullshit, wasnt sign of support was a politicians office telling a reporter theyd investigate the matter. LOL
Ah right. Sorry. You'll have to fogive me for leaving out some behind-the-scenes information that Randy asked me not to make public. I can see how you could reach that conclusion.
Jil,
You know Ive been following this case since hearing about it on your blog and truly hope the stirms come out ok but must say based on the videos on youtube both partys have faults but the way the stirms handled it where far out of line. I mean I understand he was frustrated but did he really help his case by calling the officials involved stupid and thieves? Even in America that wouldnt fly and to be honest it ended up better on video that it would have in America.
Anyway, I see nothing wrong with the naval boarding, the confiscation of fish or the impounding of equipment as all seemed justified but I do think the city og Gingoog should have not let his boat be destroyed after impounding it especially without due process. In that respect I feel sorry for the Stirms but even you must admit he acted like a tottal prick in the video. Almost like a kid that got caught with his hand in the cookie jar I must say.
Also must say had wrong impression of you as had pegged you as a net nazi , like your CDO buddy R.V., but since you have alowed some of my comments to be posted I have changed my opinion and will try to tone down my language in future comments in case children and old people may read this blog.
Now out of curiosity, What do you think would happen in America if you violated fishing laws, ran from the law to avoid consiquences and then insulted the authoritys? I can tell you in my county youd find yourself boatless, possibly truckless , trailerless and equipmentless sitting in a tent in the Sonoran desert wearing pink tshirt and boxers. What would have happened in your area of America?
Anon,
Those are all fair questions. However, you do have some cause-and-effect problems with your reasoning.
Let me explain.
First and foremost, Randy was not on the boat when it was boarded. He drove his truck up to Gingoog after his wife informed him of the situation. It doesn't speak directly to any points you made, but I think that some people don't realize that fact.
Now, to the points: First off, Randy's boat was not in Gingoog waters when the boat was boarded. It was actually quite a distance away. However, the Jasaan fishing people had been threatened by the Gingoog fishing people a week earlier, stating this was what was going to happen to one of their boats... and it did.
Another thing you have to understand is that this wasn't some "official action." These people had brought Randy's boat to shore, were going to confiscate the fish, put Randy's crew to shore, tow the boat out to sea and sink it right there and then. Doesn't that sound more like theivery and stupidity to you than any kind of "official" conduct? Knowing that your boat had been boarded and confiscated in "undisputed" waters, and was going to be destroyed on the spot, what would you have done or said?
Of course the Navy can board any vessel it wants to for pretty much any reason it wants to. However, Randy has a receipt that states the lattitude and longitude of where he was boarded and it was not in Gingoog waters. However, the Navy brought him back to Gingoog waters, and he was then delcared to be fishing illegally in Gingoog waters, and the Gingoog people proceeded to confiscate everything, and then prepared to sink his boat. Again, what would you have said or done in that situation?
Finally, in America, if somebody violates fishing laws, they face penalties that are equal to the crime. Even if Randy had been fishing illegally in Gingoog waters, the most he could have faced was a 2,000 pisos fine. The same as in America. In America, if you break fishing laws, you don't have your boat sunk by the navy without at least facing a trial or some kind of legal process. Of course running from the authorites was wrong on the surface, but these people were acting far outside of any reasonable application of the law, and Randy's boat was going to be destroyed, and... well... like I said in another post, it's like having a cop pull you over and insist on destroying your car right at the side of the road. Randy's wife was trying to get the boat to another municipality where at least they stood a chance of a "fair trial". Wouldn't you try to drive to the next town when some cop wants to torch your Lexus out on the freeway?
And no: I am not a "net nazi", as you call it. Thank you for realizing it. Any submission that adds or comments upon any post on this blog, and does so in at least a semi-civilized fashion without resorting to insults gets approved.
Jil,
Yes I admit I giot a bit carried away in a few of my replies and appologize in that regards as felt bad about it actually after reading your comments and seeing a poster called Mom as Id not talk that way ifront of my mom and certainly not anyone elses.
Regarding the Stirms, I watched all 5 videos and understood every word as I both understand and speak Bisaya fluently and of course am fluent in English as well but in no part of that video did I see anyone threaten to destroy their boat. What I saw was a followed, not nessisariuly in the right order.
I heard the American (with the silly accent lol) asking if they had warrent which they do not need to either impound nor board the boat.
I saw the wife take off because they had no order, I assume she was heading back to their place where she could have more favorable conditions.
I saw the navy come chase the boat, I never heard shots fired but do suspect they would be in their right to shoot across the stern of a fleeing boat, kinda like a heads up.
I heard the American complaining that the brought guns aboard his boat, in fact thats procedure even in America.
I saw the official telling them to take the nets and fish.
Heard the american calling the official stupid and his wife calling them thieves etc.
The men on the docks where telling him bassically that he had no right to complain as they where fishing illegally.
The wife was insulting official telling him what kind of official are you as you impound our boat without warning us etc. (Why would they warn them)
That basically it but in no part did I ever hear any official giving orders to destroy their boat.
Regarding being escorted by the fisherman its logical as city of gingoog had no boat there laerge enough to aphrehend that fishing boat. They may have a couple crappy bancas at best but you must understand even the coast guard in the area has no boat, yep thats right a coast guard with no boat, hence why the navy was needed and only logical the navy would have guns on boat so dont understand the Americans logic behind pointing out the guns.
Regarding what would happen in America , maybe not even as good once you start running, we have some real cowboys around here, in last few months police here have shot 2 or 3 unarmed people in the back and killed them for running to escape arrest and that only in Maricopa county. The most recent was a woman at drug store that was about to be aprehended for shoplifted otc meds to cook into shabu.
However your right and noone should have destroyed his boat without due process. Thats the only part I dont agree with regarding the actions of Gingoog as they should have guarded the boat untill guy had chance to defend himself.
Anon,
I agree with all the points you made here. Personally, Randy is my only source of information... that and newspaper articles. I've always tried to make that point clear. I must say I have never considered the possibility that I could be misled about the central core of this story: That the people in Gingoog might never have planned to sink Randy's boat... or at least keep it. However, based on all of the coverage and other things I have heard and read, I really don't see any concrete reason to doubt it out of hand. I certainly don't hear any of the people in Gingoog claiming otherwise.
I think when it comes to the things that were said on the dock that day, you have to put yourself in Randy's (and Cherry's) shoes: You have been threatened earlier that your boat would be impounded and destroyed, and then actually was boarded, and you were accused of something that you weren't guilty of, and then were going to watch as your life savings was extrajudiciously destroyed with neither trial nor verdict. I don't doubt that "stupid" and "thieves" and other choice phrases wouldn't find their way to my tongue as well.
By the way, Randy adopted that funny pattern of speech after years of working in Japan in order to make it easier for his employees to understand him. I don't even think he realizes he is doing it anymore. I personally think the "caveman talk" and the "match the accent" to help locals better understand you is a bad idea, and I don't do it. Randy can't seem to switch it off now... he even does it when he is talking to me.
And yes Mom and "YLM" (Your Loving Mother) is exactly who she purports to be. Thank you for understanding.
Jil,
Maybe the accent from his days as a soldier as well as have been told by a Vietnam vet before that they where actually told to talk in broken english like that to make themselves more understandable, if Im not mistaken they said they called it pigeon or something like that. Im not sure how accurate what I was told is but maybe it another reason for the accent.
Anyway its been a nice conversation but I must go to sleep but first will ask you to extend my best wishes to the Stirms because regardless of their miss actions it doesnt excuse Gingoog destroying their property without due process.
PS Jils Mom: Sorry for the cursing in earlier postings, will not happen again.
I wish Randy the best in recovering from this quaqmire he is in. His position is far more difficult than anyone is aware of. Randy was not on the fishing boat, and is not normally on that fishing boat, so he does not know exactly what his crew does during the day. There are several complaints at the baranguay level from local fisherman, stating the FB Cherry has isplayed "aggressive fishing tactics", including ramming other fishing bancas out of the way. This is what caught the attention of the Gingoog officials.
1. no warrant is required to board or seize a fishing boat.
2. All local officals (including mayors) in PI are fully empowered to insure fishing laws are adhered to.
3. Randy's fishing net and boom are required by law to be removed due to his active fishing inside 15km.
4. Active fishing is defined as using a net and boom, versus a hand-held net or fishing line. Its all about volume of fish. Commercial fishing is allowed beyond 15 km using a boom to support the net. In addition, all vessals exceeding 3 tons by law must fish beyond the 15km limit, regardless of the fishing method.
5. The vessal impounded will be used as evidence in court when the case comes to trial. Obviously Randy knew if he stole the boat back from the impound yard, he removes the evidence in this case and helps his case, untill charged with tampering with evidence.
Randy should honestly march himself down to the Gingoog fishery office and negoatiate with them directly. I wish him the best. Apparantly I know more about the PI fishing laws than Randy and his crew.
Anon,
Thanks a bunch for that information. I fully agree with everything you said... except for #5: Randy has enough video up of what his boat looks like, and enough people have seen it, and enough details have been spoken about it, that I don't think he would now dispute the FB Cherry's physical makeup or primary fishing mechanism; and enough damage was done to his boat while it was "impounded", that I think his reasoning for getting the boat back was to save it from destruction, not to remove any evidence.
Like I've said from the beginning: I have no information about any transgressions Randy's boat may have committed prior to being brought to the dock that day. (I'm certainly glad to hear that you do. I assume your information is accurate. By the way: Who are you? I'd love to get somebody from the Gingoog area to refute more things I have written here.)
I've always been consistent that it was never about the search, or the seizure, or any actions that led to it, but the fact that Randy's boat was going to be destroyed — or at least lost/taken forever — without ever having been officially charged or adjudged guilty of anything.
Hope to hear more from you soon.
I have idea. Why not simply drive your motorcycle to Gingingoog, visit proper people and interview them and make story showing their side of story because then you will appear unbiased rather than as a friend of Randy Stirm reporting entirely on the side of Randy Stirms side of the story. There are two sides to every story and Id for one like to hear the otherside though I must say the Stirms in their video appeared in the wrong from my point of view.
Anon,
You know, I thought about doing that. But the truth of the matter is, I don't want to become a journalist in this. As this story grinds on, I feel torn between only two poles: (A) Yours... of getting a more-fair story out there, or (B) setting it aside altogether.
The fact is... and I'll put this out there right now, and should encourage it more clearly: If anyone from Gingoog wants to comment here or contact me and tell their side of the story, they are (and always have been) welcome to do so. In fact, I encourage it, and I don't think Randy would argue against it either. I'll continue to be more than happy to post opposing opinions... even as full-fledged posts, instead of just comments... if they are worthwhile.
But, going up to Gingoog and shining a spotlight... offering to shine a spotlight... not just on Gingoog city officials -- but by association, myself as well -- I simply don't have the cojones for that kind of undertaking. Journalists die in Gingoog. Google it if you think I'm joking.
But I appreciate your comment, and sincerely appreciate where you are coming from with it. I wish to keep my part in this limited to exactly what you described: Randy Stirm's friend, who passes along whatever information I think is interesting. Until people from Gingoog wish to contact me to provide me their side of the story, I'm sorry that that is all that it will remain.
Jil,
I wasnt trying to call you biased in regards to this story as you have written several passages in these articles which clearly show you are not. So please do not think that painting you as biased was ever the agenda of my comment. Was just hoping that there was a way to hear both sides of the story as every story has two sides. I also know that when friends are involved it is hard to remove the emotions of relationship from ones feelings on the storys. You have been doing a good job of it and my belief is your articles show the Stirms side of the story simply because it is the Stirms side of the story, directly from the Stirms, as relayed to you. That said noone can call it bias when your relaying all the info you have and are only getting from the information Stirms since they are only side that has volenteered it.
It would be nice if the partys involved from Gingoog would come foward and tell their side of story. Would be even nicer if the Stirms would respond and thus make your blog into a catylist for solving their dispute. I feel sorry for the Stirms as based on your writings it sounds they are in semi hiding and their lives endangered. I have lived in past for 2 years with a price tag on my head so I know the feelings it brings and sympathise with the Stirms in that regards if really they are in such a situation. I just hope media and bloggers like yourself will not let this story die because if so the story would cool and if partys are really guilty they may take desperate measures to protect their posititions, I mean millions of dollars, not only pesos, are on the line for these political folks.
BTW, I dont blame you for not going around with that spotlight as I know jouralist are killed there, the radio guy in Gingoog and the radio guy in CDO are examples. Also examples of how far a crook will go to protect their livelyhood. Also, The Gingoog , Butuan and other areas have a syndicate now killing people for Honda XRM motorcycles. They come up, shoot them in head with .45, take the engine and dispose of rest of bike, engine then sold for 7,500php for use in pumpboats. That said life is cheap so no one can blame you for not wanting involved in storys that already involve gunmen and I doubt many others would do it either.
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