IIRC First Report - Limitations of the report
LIMITATIONS of the REPORT
This report is mainly based on the following:
1 . Affidavits and testimonies of Government and Police Officials and
2. Affidavits and testimonies of the released hostages and survivors;
3. Affidavits and testimonies of the hostage-takers’ friends and relatives;
4. Affidavits and testimonies of broadcast news reporters;
5. Documents provided by the resource persons;
6. Documents, Reports and Presentations of the PNP-SOCO, NBI and Hong
Kong Police Department; and
7. Ocular Inspections.
The report, for lack of material time, does not incorporate forthcoming findings on ballistic tests on bullet fragments subject to manual testing, including those sent to Hong Kong for the ballistic test assistance provided by the Hong Kong Police Department and other forensic tests. The report is likewise limited to case materials available to the forensic pathologist and as such cannot provide certain conclusions were there should be some if proper autopsy, scene of the crime, and forensic procedures have been followed and observed by the concerned local government agencies.
Some material affidavits, especially those coming from survivors Ms. LEE Ying-chuen and Ms. NG Yau-woon (Amy Leung) were not integrated in the Sequence of Events portion of the report for lack of material time as the English translations arrived on the fifth day of the drafting of this report. However, the contents of their affidavit were considered in the other material portions of the report especially in the Forensics Pathology portion were a reconstruction of the killing of the hostages by the hostage-taker was attempted based on their eyewitness accounts and that of Alberto L. Lubang and CHAN Kwok-chu together with the forensic findings of the Hong Kong authorities on the cases of the deceased hostages.
Other affidavits and testimonies were also not completely integrated in the narration of the events of the hostage-taking incident for lack of material time. Some of the affidavits would have been supportive of the narrative but are not crucial to the laying down of the critical events that constituted the 11 hour hostage drama.
While pre-meditation was established, the IIRC did not include investigation of persons who could have aided in the planning of the hostage taking or who should have forewarned the authorities, but did not.
The investigation and review focused on the high ranking officials and major players involved in the incident under review but, for lack of material time, the IIRC has not exhausted the determination of possible culpability of other police officials and personnel who were involved and participated in the resolution of the crisis incident. This matter will be the subject of forthcoming proceedings of the IIRC.
The incident under review also encompasses post assault events particularly the forensic investigation, evidence gathering at the scene and the handling thereof to establish accountabilities for omissions or lapses in judgment, and/or mishandling of evidence. However, it is the intention to complete this aspect of the investigation and review.
Some proceedings of the Committee were held in Executive Session to protect operational and tactical sensitive information involving the government’s security forces. As such, some information in this report has been withheld without compromising the integrity of the report and has been taken into consideration in the evaluation and recommendation portion of the report.
NOT INCLUDED ARE:
Conclusions on accountability
These parts of the report have not yet been made public by Malacañang, pending further review by the President's legal team (see statement above).
Click here to download file (PDF, 3 MB)