Update On The Randy Stirm Boat Situation VIII

Another story by Jigger and Herbie today in the Gold Star Daily. This story covers the testimony by 2 witnesses who talked about the incident. I can't surmise exactly what impact the witnesses have on the actual case; it seems to just corroborate that Randy's boat was boarded by the Navy and a fisheries officer, was ordered impounded, and was towed. In addition, it basically gives direct quotes to what happened when the Navy chased Randy's boat after it left the pier.

One thing I did find new was that the crew of Randy's boat claimed to have gotten permission (from who, the story does not say) to leave the dock for open waters, which led to the now-famous YouTube chase between Randy's boat and the Navy vessel.

Perhaps Randy will leave a comment explaining the significance of the quotes in this story. I've obviously missed them based on the context and content.

Update On The Randy Stirm Boat Situation VII

One thing that is important to remember about this whole saga is that, contrary to what people in Gingoog might want you to believe, this really isn't about one boat fishing where it should not have been. This is a fishing territory war between the fishermen (and their bosses) who operate out of Gingoog Bay, and the fishermen (and their bosses) who operate out of neighboring Macajalar Bay (of which Jasaan is one of the biggest ports).

Doubt it? Then check out this bit of news from Randy:

For several months, Jasaan has had a temporary police chief, filling the spot until a permanent replacement could be found. This fellow is planning on retiring soon, so at the end of last week he was moved off to police headquarters for his quietus, and another senior officer was found to take his place as Chief of Police here in Jasaan.

This new police chief just happens to be from Gingoog.

Last night, 4 days after taking the job, this police chief apparently went out on Macajalar Bay in a police auxillary boat and arrested 3 Jasaan fishing boat captains for illegal fishing and threw them in the Jasaan jail. These boat captains at the time were allegedly all asleep on their boats, engines off, nets out of the water, drifting, waiting for a call from the other boats in the fleet that were out searching for fish. They apparently were released from jail by a very suprised and embarassed local BFAR (Bureau Of Fisheries And Aquatic Resources) director this morning.

Obviously, the local boat owners are pretty upset about the whole thing. A WTF meeting with the presumably-unaware-and-uninvolved Mayor Jardin is probably going to be coming up today or tomorrow.

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In other news, Randy was telling me last night how even the "doctored" coordinates that claim Randy's boat was fishing in Gingoog waters prove he is innocent.

Although munincipal waters stretch out from the cost for 15 kilometers, Gingoog does not have a 15 kilometer stretch of water. Gingoog is at the bottom of the U-shaped Gingoog bay, which is also bordered by the munincipalities of Medina on the left side of the "U", and Magsaysay on the right. Based on the official maps, the 3 towns' respective waters form sort of a "Mercedes Benz logo" in the middle of the bay, with the lower triangle (which is much less than 15 kilometers in extent) belonging to Gingoog. The Navy's record shows Randy's boat was apprehended in what is officially Magsaysay waters in the right-upper triangle. (For the record, Randy claims that his boat was further northwest in open waters, and claims that his GPS proves his point.)

Update On The Randy Stirm Boat Situation VI

Jigger and Herbie over at Gold Star Daily have another front page story up on Randy and Cherry Stirm's ongoing saga against the Navy and Gingoog City Government.

Most of the claims covered in today's story has been covered (and debated) here on Jungle Jil over the past couple of weeks. Click on the "Randy Stirm" label below to see a reverse-chronological listing of all this blog's posts regarding this subject.

Update On The Randy Stirm Boat Situation V

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.

Update On The Randy Stirm Boat Situation IV

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.

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.

Update On The Randy Stirm Boat Situation II

Okay readers, I went all Walter Winchell on your asses and interviewed Randy by phone and asked every question I could ask and got every answer I could imagine. Here is the nitty gritty:

(1) Randy is charged with illegal fishing by using active fishing gear (nets on winches, apparently) in municipal waters. However, Randy says that this is a charge that can only be brought against foreign-owned fishing vessels. Randy's boat is Filipino-owned, and therefore he says that charge has no merit. When Randy shows up in court with his Filipino father-in-law, and papers showing that his father-in-law owns the boat (Randy never went out on the boat, only his wife), the case will be dismissed.

(2) There are no charges placed for Randy having stolen back his boat from the lumber mill where it was taken, because the city of Gingoog never gave a receipt or any kind of impound papers for taking the boat in the first place. Therefore the boat was never "officially" impounded. (I guess the City of Gingoog realized that these charges would never stick, so they never went after them.) Gold Star Daily's information was apparently mistaken in this aspect.

(3) Now comes the fun part: Randy's boat was never even fishing in Gingoog waters. When the Navy first boarded his vessel, evidently they gave Cherry (Randy's wife, on board) a receipt... an accurate/official one... noting that it was boarded in a place called Magsaysay, more than 20 kilometers away from Gingoog waters. He still has this receipt. When the Navy provided a copy of that receipt to the official record, or whatever, Randy says the receipt had been changed to read Gingoog.

(4) Just to be a prick about it, Randy's lawyer is going to be filing all charges against the Gingoog government in the court in Davao, on the southern tip of the island of Mindanao. (Apparently this is allowed.) Then, every time there is a court hearing, practically the entire city government of Gingoog will have to ride 8 hours each way across the entire island of Mindanao to attend court.

Okay class. Any questions?

p.s. If you'll notice, I've got a "Randy Stirm" tag on all of these blog posts now, so that you can click on that link (or click here) and it will display all of the articles about Randy in order. If you are linking to my blog about Randy, this is the link I would recommend that you use from now on.

Update On The Randy Stirm Boat Situation

Randy told me today that the Gingoog City Government has finally filed charges against him: Only one charge actually, the use of "active fishing gear" in munincipal waters. I'm not sure exactly what that means, but Randy gave me the impression he wasn't arguing with it. It's apparently only a 1,000 pisos fine or so... not the 2-million piso fine that the Gingoog folks were allegedly going to impose on Randy at the dock a couple of weeks ago.

(Note that Randy's claim is in contradiction to Gold Star Daily's statement in today's article below that states that Randy was charged with "alleged illegal fishing and for taking back the fishing boat that was seized by authorities".)

One commenter in another post said Randy was also guilty of using a "superlight" to attract fish. Randy denies this, and the lack of any mention of such charges against him — either by Randy or in the Sun Star article — would seem to support his position, since it would seem an obvious charge if that were the case. (Perhaps the "illegal fishing" charge is a coverall inclusive of several individual charges, I don't know... I just pass along what I am told.)

Randy interviewed with The Manila Inquirer today, and is going to meet with Mayor Jaraula of Cagayan De Oro, and I guess several human rights groups are interested in hearing his story. Also, Randy and Cherry were on "TV Patrol", the ABS-CBN local news broadcast, last night. The video is online, but cannot be embedded, and is all in Visayan, and is at the 20-minute point of a 30-minute broadcast, so... click here and figure things out ("Cagayan / 08/26/09") if you want to see for yourself.

Here is today's article from Gold Star Daily, as always with thanks to Herbie and Jigger for letting me post it in full.

Gingoog officials have filed a complaint against American Randy Stirm, his wife and the crew of FB Cherry 1 for alleged illegal fishing and for taking back the fishing boat that was seized by authorities on the waters off eastern Misamis Oriental.

Gingoog Mayor Ruthie Guingona yesterday said this even as she confirmed that she ordered big fishing boats that enter Gingoog Bay seized.

The order was for a group composed of the Bantay Dagat, Gingoog Bay Alliance, Navy and the Bureau of Fisheries and Aquatic Resources (BFAR), among others, to protect Gingoog’s small-time fisherfolk.

Guingona admitted to being the chairperson of the Gingoog Bay Alliance, a group which Stirm accused of wanting to establish a monopoly in the area.

He said the group was partly responsible for the Aug. 14 incident.

Stirm said the alliance is neither registered with the Securities and Exchange Commission (SEC) nor the Cooperative Development Authority (CDA).

Guingona said Gingoog’s small fisherfolk have long been complaining because they were supposedly being harassed by armed people on big fishing boats. She said fishermen have complained that they were fired at.

She said the illegal fishing operations were being made at the expense of Gingoog fisherfolk.

Guingona said complaints against the Stirms and their crew were filed before the Gingoog city prosecutor’s office. The complaint was docketed as X-07-INZ-09H-0000304.

Prosecutor Constancio Collera was reportedly tasked to handle the complaint.

A preliminary investigation has been scheduled at 2 pm on Sept. 7 and a subpoena is expected to be served anytime soon.

Guingona said big fishing boats are only allowed to fish beyond 15 kilometers from the shore.

What happened, she said, is that big fishing boats would enter the restricted area to fish.

"Some of these fishing boats come from Oroquieta, Jasaan, Camiguin, and even as far as Cebu," she said.

Guingona said the Navy, with the help of the Bantay Dagat, seized Stirm’s fishing boat last Aug. 14 because the American had no permit to fish, an allegation strongly denied by Stirm.

Stirm has maintained that his boat is registered and that he has a government permit to fish in the "Bohol Sea".

According to an online version of the Encyclopedia Britannica (britannica.com), Bohol Sea, also called Mindanao Sea, is an area measuring about 170 miles that includes Mindanao, Leyte, Bohol, Cebu, and Negros.

Aside from violation of some fishery laws, Guingona said, the Stirms also face a complaint for taking their fishing boat back.

Guingona said the boat became like a "government property" the moment it was seized.

The Stirms have earlier threatened to sue Gingoog officials, local fisheries, Navy and police personnel for the alleged illegal seizure of FB Cherry 1. They claimed the over P2-million boat was in bad shape when they retrieved it.

Stirm said the Navy fired at least 18 shots at the boat and authorities searched and took it without a warrant. He said authorities who did not properly identify themselves searched for firearms but found none.

Guingona said she was unfazed by the threat of a lawsuit. "We are ready to face them (in court) because they violated several laws," she said.

As I said in comments in the other blog post, my gut instinct is that The Philippines should keep local waters for local fishermen (and I know nothing, so feel free to convince me otherwise, but don't expect me to argue my position with facts... it's just my feeling), and I neither support nor condemn, agree with nor dispute Randy or any actions that he may have taken that led to his problems... only the treatment and extrajudicial law that he faced as a result of his actions. Randy faced the maritime equivalent of getting pulled over by a police officer, and having the police officer insist on destroying his car right there at the side of the road. Obviously that's wrong, and the people in Gingoog were wrong too.

(Click here for all blog posts related to Randy Stirm's situation.)

Progress In Randy Stirm's Situation

Randy updated me on things today. The media and lawyers on his side have informed Randy that the politicos in Gingoog have started scapegoating their subordinates on the surface, and are indicating more furtively a desire for a quiet resolution to this incident underneath. Smart. Certainly much smarter than death threats.

Suprisingly, Randy has kept his biggest bargaining chips close to his chest, and off the internet: Video evidence that if presented in court would render any further discussion or defense pointless. My personal guess is that the folks up in Gingoog are coming around to this realization: That every minute — not just the 15 minutes already on YouTube — of Randy's interactions with the people in Gingoog is waiting in the wings, and in the end they will not only deal with Randy in his dominant position, but thank him afterwards for not putting all that damaging evidence out there for the world to see.

What festering truths the press can or may drag out into the daylight after the fact will of course be the fault of the perpetrators of this incident. Single episodes of bad behavior don't always lead to justice, but one's luck can run out. It's up to Herbie and Jigger at Gold Star Daily to determine if it's Gingoog's City Hall's day to pay the piper. Randy may give his nemeses a break in the interest of financial recompense, but Herbie and Jigger aren't bound by such quandries.

To be honest, from the beginning, I thought Randy and Cherry should cut a deal with the Gingoog folks and focus on money, not justice. I found the concept distasteful, but still figured it was what was best for The Stirms and their business; pari passu, I felt that getting the story out there, putting the pressure on, and waging a publicity battle was also beneficial because, for Randy and Cherry, raising the stakes would mean more chips on the table at the end of the game. Also, Randy and Cherry suffered badly both financially and emotionally: The cost to not only their business, but their pride and loss of security, had first to be paid in column inches and prime time minutes before pisos could be discussed. That's understandable — even, I imagine (though they would obviously never admit it) to the people up in Gingoog.

Personally, I think we're quickly arriving at the moment where it can be said that The Stirms have the upper hand, and negotiations are ready to start. It is my opinion that this incident will never see a court room: The Philippines, both legally and politically, is wired to settle problems like this via negotation, not litigation.

To note though, this is all my own supposition and my own point of view. What course Randy takes from this point forward is up to him. Maybe he'll ride this tiger to the tag end. Randy has lots of paths that he can take, and he is gathering ammunition, support, momentum, advantage, and confidence with every passing minute. While I offer my advice, Randy is his own man and handles his life and business in ways that he is most comfortable with. I wish him luck.

(Click here for all blog posts related to Randy Stirm's situation.)

Randy Stirm Threatened With Gun After Article

Gold Star Editor Herbie is once again going serial on us with a news story, and has provided an update to Randy Stirm's boat situation today... namely the death threat that Randy experienced yesterday by 2 masked motorcycle riders here in Jasaan.

I've been cc'd a couple of e-mails others have sent to Randy, after I handed out his e-mail address on the Yahoo CDO Expatriates group. I'm really happy to see some support coming in for this man. I'm his friend, but I have no resources other than this blog with which to help him out. The Stirm's lives are in danger, they're broke, and I'm pretty sure they are feeling quite alone out here and depressed about everything. Anyone who wants to get in touch with them and offer assistance or just encouragement should certainly do so. Hell: Leave a comment here if you want and I'll make sure Randy reads it.

Anyway, as Gold Star Daily News website still seems to have the collywobbles about showing up on my computer screen, I am once again thanking Herbie and Jigger for letting me put up the entire article here... and thanks for putting my quote in the newspaper... anonymously, as preferred.

Gunmen stop Stirm, threaten to kill wife
By JIGGER JERUSALEM

Armed men yesterday threatened the American who spoke out against the alleged abuses of government people in Gingoog city.

The men, riding a black Honda XRM motorcycle, stopped Randy Stirm near the Kimaya Bridge in Jasaan town at around 7:55 am, showed a police blotter signed by PO3 Elesio Junsay and Senior Insp. Lorenzon Larot.

The American on Monday threatened to sue Gingoog Mayor Ruthie Guingona, Vice Mayor Marlon Kho, local fisheries officer Genevieve Cruz, and Navy and police personnel over the alleged illegal seizure of his over P2-million fishing boat on the waters off Gingoog. He alleged that his wife and crew were harassed over trump-up charges of illegal fishing, and that the fishing boat was badly damaged.

Stirm, a resident of Luz Banzon, Jasaan town, said the armed men told him: "If you don't make a deal, we will kill your wife."

Stirm told the police the men covered their faces with bandannas and threatened him with caliber .45 pistols. The police blotter showed that Stirm claimed that he was driving his Multicab (van) and was headed to a gas station when the armed men blocked his way.

He said he might be able to identify the men if hears their voices again.

Stirm said he was driving the van when he noticed a motorcycle tailing him. He said he slowed down so the motorcycle could overtake.

This, he said, gave the men the chance to block his door.

Stirm said the two men pointed their guns at him with a warning that they would kill his Filipino wife Cherry if he rejected a "deal".

Stirm told The Gold Star Daily that he just replied: "Let’s see what happens."

He said the men then sped off.

Stirm said he knew what the men meant by "deal". During a gathering of expatriates last week, he said, a lawyer came to him and tried to talk him into agreeing to an out-of-court settlement.

He said the lawyer told him to forget about the alleged injustice and in return, his boat would be repaired. But here’s the catch: Stirm is supposed to share his catch to those who would repair the fishing boat.

The American said he rejected the proposal.

Stirm has sought police protection. But Jasaan’s police chief, Insp. Larot sent a letter to the National Bureau of Investigation (NBI) and asked it to see if the American could be placed under a protection program.

In his letter to the NBI, Larot stated: "This office referred the case of... Stirm which occurred particularly at Gingoog City which is not our area of responsibility and the suspects [are] probably residing thereat."

Stirm said he was contemplating on reporting the matter to the US Embassy.

The Stirm case has caught the attention of expats in Cagayan de Oro, Misamis Oriental and even in Cebu. One expat wrote: "Welcome to the real business world, Philippines style. A perfect-but-sad descant to Mayor (Constantino) Jaraula’s message of 'foreign business owners welcome' that we listened to at International Night this past Sunday... and far too illustrative an experience for foreign small business owners here."

Jaraula met with expats from this city and Misamis Oriental at Pryce Plaza last weekend. The "International Night" was one of the Cagayan de Oro fiesta activities.

C'mon Jasaan Police Department: "Not our area of responsibility"? Okay, granted: Maybe, in the shallowest sense. But Randy Stirm's life was threatened in Jasaan. Randy Stirm lives in Jasaan. Randy employs more than 20 people here in Jasaan with his fishing operation. Do you really want to play "pass-the-buck" in a situation like this with human lives in your jurisdiction? If you're not sure it's your duty to protect the American, and that perhaps police protection should be based on nationality, how about at least protecting the Filipina wife these people threatened to kill? Think about it. Please.

(Click here for all blog posts related to Randy Stirm's situation.)

Randy Stirm's Fishing Boat Seizure On Front Page

The Gold Star Daily News has the story of Randy Stirm and his problems with the Gingoog government and fishing co-op as it's headlining article today.

Here is the article that interviews Randy Stirm and his wife Cherry, and details the incident in which their fishing boat was seized in the waters off Gingoog (that is pronounced "HING-oh-oag"). I'm posting it in full here, because currently attempts to view the page here in The Philippines seem to be fruitless; only an empty page shows up. Thanks to Editor Herbie Gomez and Writer Jigger Jerusalem for allowing me to post it in full.

(In the article, the Vice Mayor of Gingoog claimed to be in Manila during the entire kerfuffle. I guess Randy forgot to put up the videos on YouTube that show His Honor standing on the dock that day. Oops.)

(UPDATE: This morning after this article came out, two guys on a motorcycle threatened Randy with a .45 pistol and threatened to kill his wife if he didn't drop the case. The local police here in Jasaan don't seem particularly inclined to do much about it. Welcome to the real business world, Philippines style. A perfect-but-sad descant to Mayor Jaraula's message of "foreign business owners welcome" that we listened to at International Night this past Sunday... and far too illustrative an experience for foreign small business owners here.)

American prepares raps vs Ruthie, Kho
By JIGGER JERUSALEM

An American and his Filipino wife yesterday threatened to file charges against Gingoog officials and law enforcers for allegedly seizing their fishing boat illegally on the waters off eastern Misamis Oriental and damaging it over a week ago.

An 8:01-minute video recording of the alleged harassment was posted on Youtube. The complainants said there are more.

Facing charges are Gingoog Mayor Ruthie Guingona, Vice Mayor Marlon Kho, Navy and police personnel and a local fisheries officer.

Randy Stirm and his wife Cherry said their lawyer was preparing charges, possibly separate, against the officials in connection with alleged acts of harassment last Aug. 14.

Stirm claimed Navy personnel fired shots at the fishing boat FB Cherry, harassed its crew and then seized it without a warrant.

When the fishing boat was retrieved, equipment, including an expensive net, were nowhere to be found. It had bullet holes and the booms and rope work were cut, said Stirm.

The over P2-million boat was also badly damaged it would take at least P600 thousand to repair it, Stirm told The Gold Star Daily.

"The boat is everything I have," said Stirm. "Now, I’m penniless."

Stirm said the heavily armed Navy men who boarded the fishing boat did so on orders of Mayor Guingona. He said Vice Mayor Kho "was the one who was calling the shots all of the time."

"I begged him (Kho) and told him that the boat was everything we had. I cried," said Cherry. "He just said he didn’t believe me because 'we have plenty of dollars.'"

The Stirms said they went to city hall and asked to meet with Mayor Guingona. They said they were given the runaround instead.

"She (Guingona) didn’t want to talk to us," Stirm said.

Stirm also questioned the legality of the Gingoog Bay Alliance, one of the groups that allegedly helped the Navy in confiscating the FB Cherry 1. He said the group is neither registered with the Securities and Exchange Commission (SEC) nor the Cooperative Development Authority (CDA).

A local fisheries officer identified as Genevieve Cruz was rude and refused to properly identify herself, according to Stirm. Cruz's actions were caught on video.

Cruz and Vice Mayor Kho are allegedly closely associated with a cooperative that supposedly want to monopolize fishing in the area, said Stirm.

Stirm furnished this paper two video recordings of the alleged abuses which he also posted on Youtube. One of the recordings showed a vehicle on a wharf which allegedly belongs to Vice Mayor Kho.

For his part, Kho strongly denied involvement in the alleged Aug. 14 harassment. He claimed he was in Manila from Aug. 13 to Aug. 16.

"I had no involvement in it. The Bantay Dagat is under the office of the mayor. I was only aware of the incident because I was informed," said Kho.

Kho also denied ever meeting the Stirms.

Maricel Jimenez, a staff member of the Gingoog city fisheries office, said officials have filed a complaint against Stirm for alleged violation of five fisheries laws: use of active gear in municipal waters and bays, unauthorized fishing, employment of unlicensed fisherfolk for a commercial fishing vessel, obstruction of law enforcement officers and violation of the Philippine Fisheries Code of 1998.

But Stirm has maintained that the FB Cherry operations were legal and that the accusations were all made up. He said the damaged fishing boat is registered.

"They said we had firearms in the boat. Where are the guns?" Stirm.

He said a subpoena has yet to be received by him or his lawyer.

(Click here for all blog posts related to Randy Stirm's situation.)

Philippine Navy Shoots Up American's Fishing Boat

A friend of mine who lives here in Jasaan, Randy Stirm, has a fishing boat. Apparently people from the area of Gingoog, a town about 50 miles north of here, don't like outsiders fishing in their waters. Randy's crew (captained by Randy's wife) sailed Randy's boat into these waters and was fishing there. The local Gingoog fishermen surrounded the Jasaan boat and brought it to shore.

According to Randy, the Vice Mayor of Gingoog, who runs this fishing co-op that Randy claims is illegal, called in the Philippine Navy, and he ordered the boat destroyed on the spot.

Apparently, since there was no trial, no court order, and since the maximum fine that could be levied against a vessel for illegal fishing was 500 pisos, and not wanting to lose a 3-million-piso boat, Randy's crew (and wife) decided to head back out to open waters and set sail for a more favorable jurisdiction, leaving Randy on the pier to record the whole event. The Philippine Navy gave chase, caught up with the boat, and ordered everyone on board into the water so that they could sink it. The crew refused, so the Philippine Navy apparently shot up the boat with the people still on deck.

The boat did not sink, and was brought back to the pier where it still sits foundering. Nobody on Randy's boat was shot, although whenever bullets fly in the direction of people, that is obviously more a function of luck than intent.

The only source I have for this information is Randy, his wife, and this video. I obviously haven't taken the time to interview anybody else for this story or obtain different points of view... that's not my job. Randy certainly was very clever to get the whole thing on video. He claims he has about 2 hours of video total of this ordeal, including many local officials making quite incriminating and illegal statements.

This is the first video posted so far. I personally don't hear any shots on the video recording (although Randy has assured me that you can hear them if you listen carefully), but anyway, since Randy has promised more videos, I'm sure that the details will be filled in through additional videos that will be posted on his YouTube account.



p.s. You may be wondering how Randy got away with standing alone on a dock surrounded by a mob of angry local fishing mafia: He is a huge guy (well over 6-foot-5), ex Navy SEAL, and an honest-to-God former Japanese Sumo wrestling champion and black belt in every martial art under the sun. Randy said that after the first four guys who tried to attack him with knives wound up in the water, everyone else decided to leave him alone.

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UPDATE:

Randy and his guys (and big German Shepard, Eddie) went up to Gingoog last night and stole his boat back. Randy had been told that the Gingoog folks were planning on taking his boat to the town square today and burning it in some sort of effigy... and obviously an effort to destroy all the evidence. His boat is in sorry shape, with bullet holes, all of the booms and rope work cut and destroyed, all of the wires cut, and the engine in who-knows-what kind of shape. It has been towed by another of Randy's vessels out to sea and is headed to a secret location.

(Click here for all blog posts related to Randy Stirm's situation.)