DOJ CHIEF MAY LEAD DELEGATION IN HONG KONG HOSTAGE PROBE
MANILA, DECEMBER 29, 2010 (STAR) By Edu Punay - Malacañang is considering designating Justice Secretary Leila de Lima to head the delegation that would attend the investigation by Hong Kong authorities of the Aug. 23 hostage-taking incident at the Rizal Park in Manila where eight Hong Kong tourists and the hostage-taker were killed after a botched police rescue operation.
De Lima said that Executive Secretary Paquito Ochoa Jr. told her she was being considered to join witnesses invited by Hong Kong police for their inquest proceedings before the coroner.
"It's the President's decision whether to send me or not," she said.
Hong Kong authorities have invited De Lima and 115 others to Hong Kong to act as witnesses in the probe.
But in a memorandum sent to the Palace at noon yesterday, De Lima advised the President to first seek clarification from the Hong Kong government as to the extent and scope of their investigation and make sure the witnesses would not be prosecuted.
De Lima, who headed the incident investigation and review committee (IIRC) that looked into the hostage incident, said it is important to know if the proceedings would fall under the mutual legal assistance treaty (MLAT) of the two governments.
"We don't know if the criminal proceedings our witnesses have been invited to may lead to prosecution. There was already an initial assurance that the witnesses would not be prosecuted, but we want official confirmation on that," she explained.
De Lima also told the President that the number of witnesses to be sent should be limited and only "those whose testimonies would be necessary should go," considering that Hong Kong authorities are interested only in establishing the cause of and circumstances surrounding the death of the eight victims.
She could not yet estimate how many witnesses would be needed until the government receives clarification from Hong Kong.
De Lima, however, stressed that if it would be established that the MLAT would apply, the witnesses could refuse to cooperate.
"If MLAT will apply, we can't compel the witnesses to go since they have the option to refuse under that agreement. The government can just assist in sending summons and assisting their arrangements with the Hong Kong government that should also shoulder the expenses," she explained.
De Lima assured the Hong Kong officials that the government would cooperate "provided that our sovereignty and rights of witnesses are protected."
She said she sees no hindrance on the issue of sovereignty.
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