Monday, August 31, 2009

Update On The Randy Stirm Boat Situation III

I found Randy and Cherry a place to stay in Cagayan De Oro, so they aren't shelling out money for a hotel every night anymore. I talked with Randy, and he told me that he almost has his small fishing boat (the one whose engine was damaged while towing the larger boat away from Gingoog) completely repaired and ready to get back to work.

Randy also told me that he looked through photos he had taken on his phone on that day in Gingoog and found some "really incriminating" stuff... important people doing stuff that will get them in trouble or something — Randy wasn't very specific.

Normally, the Stirm's case like this against a government like Gingoog would never stand a chance of getting anywhere. The denials and stonewalling and coverups would simply be a complete blanket that would smother the entire process in its infancy. However, the Stirm's case is special simply because of the massive amount of video (and photographic) evidence that Randy and his wife took while this entire event was occurring. In other words, the Stirm's case actually has an abnormally high chance of winning.

Just a thought, but perhaps the ubiquitous nature of mobile phones with video cameras in The Philippines may wind up being the best tool for fighting the endemic corruption here. The prospect... and practice... that any malversation is being recorded might be enough to stifle official misconduct, or at least provide its victims enough evidence to prosecute it.

Also, below is another article from Herbie, and thanks to writer Mark Francisco for letting me post it.
Capitol would help Stirms if couple seeks help, says exec
By MARK FRANCISCO

The capitol said it would help the couple who complained about alleged abuses committed against them in Gingoog city if they sought the provincial government’s help.

A capitol official said the couple, Randy Stirm and his Filipino wife Cherry, could bring their complaint to the provincial government so it could task its legal department to look into their case.

The American and his wife, residents of Jasaan town, Misamis Oriental, have earlier threatened to wage a legal battle against Gingoog city hall officials, the local fisheries office and Navy and police personnel for allegedly holding and damaging their over P2-million fishing boat last Aug. 14. The couple alleged that they were harassed over trump-up charges.

Gingoog is a component city of Misamis Oriental province.

The couple said Navy personnel in Gingoog fired at the fishing boat at least 18 times and local fisheries officers, who did not identify themselves, searched the boat without a warrant.

The operations were made on orders of Gingoog Mayor Ruthie Guingona and it was Vice Mayor Marlon Kho who "called the shots", alleged the couple.

Guingona has admitted that she ordered a multisectoral group to stop big fishing boats operating on Gingoog waters.

Kho, for his part, strongly denied having a hand in the Aug. 14 operations. The vice mayor said he was in Manila at that time, but the Stirms maintained that Kho should be held responsible and that they even personally talked with him.

Provincial attorney Imelda Marie Beltran said she has yet to look into the Stirms case but she said an administrative complaint against the local officials could be brought to the Civil Service Commission (CSC), the Office of the Ombudsman or the Presidential Anti-Graft Commission (PAGC).

Beltran said alleged abuses done in connection with the functions of government officials and employees would be looked into by these agencies.

4 comments:

Tom said...

Do they believe that, after all this, they will still be able to live in Gingoong? I would think there would be some concern over their current but also future safety.

Jil Wrinkle said...

Well, they live here in Jasaan, about 90 minutes' drive from Gingoog.

Actually Randy and I had that very discussion today. We concluded that the Gingoog people may be willing to kill to avoid being found guilty of something, or to avoid having to pay out large sums of money, because the problems such a killing would solve would outweigh the problems it would create. However, such a killing as an act of revenge after the fact wouldn't solve any problems, and the amount of problems such a killing would create be substantially more than problems created before any judicial decision was arrived at.

So, from a purely pragmatic point of view, returning to Jasaan once this is over should be safe... though obviously that is unknowable in truth.

Anonymous said...

Hello, This is pure BS and in all reality the American would be a pure fool to show his video in court as it is extremely incrinating to both himself and his wife as it clearly shows the wife running from authority and shows the American acting like a arrogant prick by threatening a pinoy with violence, telling a official to shutup and calling another a thief all in a very bad fake pinoy accent lol. Anyway thoe things in that video are enough to have him deported.

Now lets look on otherside.

1. Philippine Navy , Coat Guard and Department of Fishery can board a boat without warrant and are obligated to bring guns onto the boat. Was really funny hearing that arrogant American whine abot them having no warrant to board, especially when he was caught in commission of crime and after his wife ran from authorities lol.

2. When fishing in Municipal waters under law they can take a percentage of catch from boats not belonging to that area, this is written in law.

3. Randy Stirm stated time and time again that he owns the boat. Wow a direct violation of law as foreigners cant fish commercially in the Philippines but only for sport. Randy by his own words also clearly broke the anti-dummy law which has long been in place in PI as well.

4. They kept asking for reciepts on the dock, what a joke. Reciepts of impoundment are issued onsite as they dont just walk around with stacks of reciepts but rather you go to a office and get reciept for your impounded stuff.

5. The guys wife sounded like a complete idiot when she whined on camera and said in Bisaya "What kind of official are you, you take our equpment without warning us" lol. Maybe law enforcement should start warning criminals of all kinds in advance about raids.

6. The guy video taped himself stealing government property and put it on youtube, DUH!! How Stupid? At time boat was impounded he should have sent a man or men to guard it not stolen it back, sorry but even in America if you steal your stuff from impound your in deep trouble for your actions.

You know I think his own actions escalated the situations as did the actions of his wife and had they done same thing in America their boat would have also been confiscated. This is fact.

Anyway the ex wife of ex VP Guingona is going to make short work of this arrogant prick. Even thus far hes been lucky because many military personel in various nations would have murdered his crew and wife, sank the boat, killed the rude American prick and destroyed his camera and guess what? No one watching would say shit.

Jil Wrinkle said...

Uh Anon,

Although that is all very interesting, the defensive actions thus far of the Gingoog government and various agencies involved... plus the supportive reactions of pretty much everybody else, from the media to the Governor of Misamis Oriental towards the Stirms speaks louder towards the actual situation than your own suppositions.

I'm afraid that you will find the eventual legal/political outcome of this incident pretty much gainsays everything you wrote here.