De Lima: PHL witnesses may skip HK's hostage probe under MLAT

Filipino witnesses invited by Hong Kong authorities for its inquiry into the Manila hostage tragedy may refuse to attend the proceedings, but only if the Hong Kong government agrees to have the probe covered by the Mutual Legal Assistance Treaty (MLAT). The treaty protects Filipinos from being prosecuted in a foreign country. Speaking to reporters on Tuesday, Philippine Justice Sec. Leila de Lima said that if the treaty is applicable, the Philippines can only assist in sending Hong Kong’s summons to the witnesses. “But we can’t compel our named witnesses to appear or go to Hong Kong. That is not part of the contemplation of the MLAT. The witnesses on their own may refuse [to attend], and the Philippine government cannot compel them," said De Lima. The Hong Kong Coroner’s Court has invited at least 116 Filipino witnesses to shed light on the August 23 hostage tragedy where eight Hong Kong tourists were killed. The hostage-taker, dismissed policeman Rolando Mendoza, was killed by responding policemen after the 11-hour standoff. Hong Kong wants to determine what caused the deaths of the eight victims, even as it is widely believed that Mendoza killed them in a shooting rampage. De Lima said she had already sent a memo to President Benigno Aquino III advising him to have Hong Kong clarify the scope of its inquest proceedings so that the Philippines may know if the MLAT is applicable. De Lima said the Philippines must be assured that the Hong Kong Coroner’s Court proceedings will not lead to the prosecution of the Filipino witnesses. “We want to confirm if this partakes as criminal proceedings within the purview of the MLAT. Then we should request that everything should be coursed through or within the legal framework of the MLAT so we can protect the witnesses," she said. De Lima said the Philippines will also ask Hong Kong to limit the number of the witnesses “to those that may only be essential in achieving" its purpose of determining the hostages’ cause of death. De Lima said Hong Kong based its list of 116 witnesses on the names found on the Philippines’ Incident Investigation and Review Committee (IIRC) report. The IIRC, which De Lima headed, conducted the public hearings that looked into the hostage tragedy. De Lima said Hong Kong had set the inquest proceedings on Feb. 14, 2011. She added that Malacañang told her that she may be designated to head the Philippine delegation to the proceedings. - KBK, GMANews.TV