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By Bernadette H. Carreon
Horizon news staff
In an unprecedented
decision, Associate Justice Kathleen Salii yesterday convicted three foreign
nationals of several counts of people trafficking.
Teng Feng Chiang, Baiyue Wang and Lolita Pamintuan were found guilty of
trafficking 10 former Chinese and Filipino waitresses of Carnival Bar
and Restaurant.
Chiang is a Taiwanese national while Wang is a Chinese citizen and Pamintuan
is a Philippine national.
Defendant Katherine Manio, a Philippine national was found guilty of exploiting
of a trafficked person.
The three are the first to be convicted of people trafficking in this
country. Sentencing of the defendants is set on May 8, at 9 a.m.
The four were also found guilty of advancing prostitution, while Chiang,
Wang and Manio were convicted of exploiting a trafficked person and violation
of the labor laws.
Chiang and Wang were found guilty of 10 counts of people trafficking each
while Pamintuan was convicted of seven counts of people trafficking.
People trafficking carries a penalty of up to 25 years and a maximum fine
of $250,000 while exploiting a trafficked person has a maximum penalty
of 10 years and up to $50,000 in fine.
For advance in prostitution charges, the defendants are facing a jail
term of one year and up to $50,000 fine while labor violation carries
a jail sentence of up to six months and $2,000 fine.
In Justice Saliis 13-page findings of fact and conclusion of law,
she said that although there were ambiguities in the Anti-People Smuggling
and Trafficking Act it is clear however that a person is guilty of people
trafficking ," if he or she knowingly or recklessly recruits or receives
a person for the purposes of exploitation by through prostitution or forced
labor, or gives or receives payments or benefits to achieve the consent
of someone who has control of another person."
The findings said that Chiang and Wang are guilty of people trafficking
because the former provided the means to exploit the victim while the
latter "not only actively recruited some of the victims but she also
exploited the victims by withholding their salaries through a debt system
designed to force them to prostitute themselves by withholding of their
passports and through the threats of use of force."
The findings also said that Pamintuan was guilty of people trafficking
because of her hand in recruiting the seven Filipino waitresses and offering
no assistance once she learned of the exploitation they are facing.
Assistant Attorney General Erin Johnson, counsel for the plaintiff said
she is pleased with the verdict and said it only showed that the court,""
took the case of people trafficking very seriously."
Johnson Toribiong, counsel for Pamintuan said the verdict was harsh and
that he will file an appeal.
Justice Salii also found Chiang and Wang guilty of disturbing the peace,
trespass and obstruction of justice, nine counts of violation of tax code
and 10 counts of violation of labor laws; Chiang was also found guilty
of two counts of violation of Foreign Investment Act ; Wang guilty of
two counts of aiding and abetting a violation of Foreign Investment Act.
The case stemmed from the complaints of the former employees who escaped
from the establishment accusing the owners of forcing them to engage in
prostitution.
The findings said that the court accepts as credible the testimony of
the waitresses and did not find credible the testimony of Manio and Pamintuan
that they do not have any knowledge of the activities occurring at Carnival.
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