Chiayi prosecutors begin a criminal investigation

Chiayi prosecutors yesterday launched a criminal investigation into the Pachang Creek incident to decide whether officials were guilty of negligence or manslaughter.

If found guilty of negligence, public officials could face anywhere between three and 10 years imprisonment, according to the Criminal Code.

Meanwhile, a demerit was handed down to 13 ministers including Director of the National Fire Administration Chen Horng-i (陳弘毅), Director-General of National Police Administration Ting Yuan-chin (丁原進) and the Ministry of National Defense's war command deputy, Major General Chung Shen-ning (鍾申寧).

"The focus of our investigation will be why was there a delay? Was there enough time to carry out a rescue during the delay? Also, to determine if the delay constitutes a criminal offense, if it is found officials failed to launch a rescue attempt?" said Tseng Ming-fung (曾銘芳), a divisional head prosecutor at Chiayi District Prosecutors' Office.

The State Public Prosecutor General Lu Jen-fa (盧仁發) yesterday ordered the Chiayi Prosecutors' Office to investigate the case.

Lu said that governmental officials could be found guilty of an offense under a law related to the "public official's negligence of duties, thereby causing catastrophes."

But Lu stressed he would not interfere in the investigation.

Tseng said another possible charge was manslaughter by neglect of official duties, which carries imprisonment of less than five years.

Led by Tseng, three Chiayi prosecutors yesterday visited Chiayi's air force base, the base of the airborne police in Taichung and the Chiayi Fire Department. They also spoke with eyewitnesses.

Tseng said inconsistencies between the reports of the different units needed to be checked.

An airborne police rescue helicopter was dispatched from Taichung, but investigators discovered it turned back as the pilot was told the workers had already been swept away by the torrent.

The air force says that according to regulations it was not their responsibility to carry out rescue efforts below 2,500m above sea level.

Asked if this regulation exempted the air force from criminal charges for not dispatching a helicopter, Tseng said the matter still needed to be examined.