So the folks at Gingoog have finally pressed charges against Randy: Active fishing in municipal waters. Randy says he's innocent of this charge because (even if he were in municipal waters) his fishing booms are (were) hand operated, not powered.
Remember how I said that the Navy provided a receipt with the original coordinates (outside Gingoog waters) where they boarded his ship, and then submitted a different set of coordinates (inside Gingoog waters) afterwards? Apparently Randy signed this second receipt. Apparently the Gingoog people thought it would be a good idea to submit as evidence a photo they had of Randy actually signing this piece of paper. Apparently the Gingoog people didn't notice on the edge of the photograph the M-16 gun barrel pointing at Randy's ribcage while he was signing it. Randy and his lawyer got a laugh out of that one. "With enemies like these..." eh?
The Gingoog people also claimed in the court papers they submitted that when Randy's boat fled from the dock that day, it had to be chased for over 7 kilometers before the Navy was finally able to catch up with them. I guess they don't have YouTube in Gingoog either.
I have to say that Randy is really optimistic — if not outright panglossian — about this whole thing. He (and his lawyer, I assume... a law professor, who is no dummy) really is confident that he is going to send the Mayor and Vice Mayor of Gingoog to jail. Randy has also filed a lien lis pendens against these politicians' houses in America... the "freezing of assets". Apparently there is a Gingoog fisheries agent with way too many expensive items in her portfolio to befit her salary, who is also in Randy's crosshairs.
I really must say that I am interested in seeing how this all works out. It really would be unprecedented for The Philippines to have one little guy (figuratively, natch) to take out so many big guys... and as decisively, totally, and definitively as this. I'll admit, I've moved past a friendly concern for Randy and into a rather louche enjoyment of the bathos I may be witnessing here on the part of the Gingoog city government.
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10 comments:
Jil,
The is the funniest article yet in that it reads less like responsible journalism and more like utter nonsense.
1. Of course he had a m-16 pointed at him, you stated yourself he had allready thrown people in the ocean and its clear in the video he was behaving in a combative manner. Even in a America such would get a gun pointed at you if not worse.
2. You say the boat wasnt 7km out. Of course you realize you can see a long ways over the ocean and 7km is only 4.3 miles. I assume his camera has telephoto and even with it the boat nearly appeared as a speck in the ocean. LOL.
3. He has froze assets in America. LOLOL This is the best yet. Surely you realize this takes legal actions in America and that no resprectable judge would issue such in regards to this case as its still on going , in a foreign nation. Also is the little problem that most these politicians do not hold foreign assets in their own names, am sure of this as know a Filipino realtio in LA that specializes in selling expensive houses to them. Anyway, If Randy isnt full of pure BS ask him for the addresses of the properties in America and post them here. If he cant do this then he is a joke as for obviouse reasons you cant freeze assets you cant locate. I call BS on this one but will give you the ability to let Randy prove his claims.
4. Randy says hes inocent: Duh really? lol So do 80 percent of inmates across the world.
www.bfar.gov.ph/download/fao/FAO222.pdf -
Like I've said repeatedly at least 5 or 6 times before: I post what Randy tells me here, and add my opinion. Accusing me of failing to engage in "responsible journalism" is like accusing the Coca-Cola corporation of failing to engage in "responsible nutrition."
The problem lies soley with the person consistently holding the idempotent expectations, not with he who fails to consistently meet those expectations.
Your rebuttals and analysis, of course, are always appreciated.
Hi Jil,
I posted the above link to current PI fishery laws passed by philippine congress. The fines for "active fishing" now have increased to 250,000p for first offense. Also active fishing is defined as fishing within 15km limit, with a boat less than 3 tons and using any method of fishing other than "passive fishing" In fact the net cannot even have a boom of anytype to support the fishing net.
Is Randy's lawyer aware of these new rule changes.
Anon,
Thanks for putting up the link.
I'm not sure what Randy's lawyer knows.
One thing I do know is that Randy says he has ample evidence that his boat was not where the Navy said it was when it was boarded and apprehended. Whether that makes the whole charge of active fishing pointless is, of course, up to a judge... but it would seem to be rather exonerative if Randy can prove where his boat was when it was boarded. (Apparently his GPS system has a chronometer and position log that he can use as evidence against the charge as well.)
Hi Jil,
Wishing Randy the very best in resolving his court case successfully. Glad to hear he has a GPS with time index....
SEC. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. - It shall be unlawful to engage in fishing municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(1) The boat captain and master fisherman of the vessels who participated in the violation shall suffer the penalty of imprisonment form two (2) years to six (6) years;
(2) The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) upon the discretion of the court.
If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation.
If the owner/operator is a partnership the penalty shall be imposed on the managing partner.
(3) The catch shall be confiscated and forfeited.
This is the current reg on this just sent to me by Mr. Vpar of BFAR.
Now we have the map from BFAR and the Gingoog city Ordnance that clearly show we were not in there waters it will put this prosecution to rest.
Hello Jill this guys has no idea about the type of net we use.
This link he posted http://www.bfar.gov.ph/download/fao/FAO222.pdf
This is an update for the use of a Danish Seine (Hulbot-Hulgot) net. We us a bag net. The laws is still the same as I posted before. Its interesting this person post as Anonymous. Maybe from Gingoog?
Thanks for the forum to voice our comments.
Randy,
Thanks for commenting.
I allow people to comment anonymosly and don't question their motives or identity as long as their contribution to the discussion is (as I broadly interpret it) positive.
I've stated several times here on the blog that I wish that people from Gingoog who are on the opposite side of this case would come here to contribute their thoughts and opinions (or if they are already here, would identify themselves as such). As I've also stated, I'm sure you would welcome their comments as much as I would.
Im still waiting to hear about this lean against foreign assets , Im sorry but Randy lost all credibility when he made that claim.
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