Author:
Deborah Gumz (absolutely positively over it...)
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Date Posted: 19:42:12 07/09/08 Wed
Here's a little story I have on myspace about my Dad who was killed over 20years ago, televised on Channel 7's Sunrise Sep 06.
So many lives lost, one of which being our father. I can't imagine a more horrific death then that experienced by these victims.
As for their loved ones, they are still in despair waiting on a resolve.
Our father was identified boarding the ferry MV "Dona Paz" 20th December 1987.
With end of year celebrations approaching the Philippine custom of moving from Island to Island was well under way.
It is documented by authorities that a population of between 3000 and 4000 men, woman and children boarded the ferry that day in December 1987.
It was ten o'clock that night when the small oil tanker "Victor" struck the MV Dona Paz on her port side, just behind the forecastle at a height level with the passenger decks, this occurred somewhere between Mindoro & Marinduque. The "Victor" was carrying a highly explosive substance which immediately caught fire and spread to the ferry, explosions followed one after the other. The blazing fuel spread over the sea and around the two ships. The panic must have been dreadful and the crew, they were completely unable to cope.
All those who succeeded in getting over the handrail and into the sea were burnt instantaneously, many others were blown to shreds by the explosions on board. There was no time for lifeboats and the only survivors were those who could hold their breath long enough to swim under the burning fuel. This is why none of the children or old people survived; in fact the number of survivors was an absurdly low: 2 women & 23 men, less than a 1% survival rate.
The reasons for these staggering consequences were many and the part played by sharks in completing the carnage was certainly considerable.
The next day, helicopters & the many boats sent to the scene did not find a single body among the patches of fuel and the thousands of floating objects, proof that the sharks had been there before them. Only 300 mutilated corpses were to be fished out of the water far from the site of the shipwreck, and for some weeks the Philippine fishermen found human remains in the stomachs of the many sharks they caught.
Identification was impossible with all bodies not mutilated, burnt beyond recognition, there was no DNA testing at that time to assist.
Investigators found that the MT Victor was manned by an under qualified crew.
· The master of the Victor, licensed to be a Second Mate, was posing as Chief Mate.
· The ship's radio license expired on July 18, 1986 and even if it didn't,
· The ship had no radio operator.
· There was no Third Mate.
· Last but not least – MT Victor's certificate of inspection expired eleven months earlier (Feb 27, 1987) along with its coastwise license.
Our father was a retired (1986) Serviceman SGT. William Keith Gibson Handover, he served his country in Vietnam & also in Malaysia where he took his family.
Our family consisted of Dad, Mum, Deborah, Billy Jnr., Robert, Craig & Nicole.
Bill's career was the Air Force, he had retired in 1986 with full entitlements after serving his 20years for his Country.
Dad had several old friends one who owned apartments in the Philippines another an export Company and departed the Northern Territory November 1, 1987.
Dad was to stay with them, have a few meetings and travel around the Islands, then return to Australia sometime after Xmas.
Upon his return he intended to purchase a house in Brisbane for himself, Mum and our sister Niki and instructed Mum before he left to start looking around.
Dad was traveling back from the Island of Samar with friends when the accident occurred.
We discovered that he was reported to be on the ferry in early January and made enquiries with the Foreign Affairs Office.
During the next few months we made many calls to this department. In a letter dated 20, January 1988. The department of Foreign Affairs advised us that they could confirm that Dad's business Partner informed them on 29, December 1987 that Dad was aboard the ferry, he had been visiting friends in Samar and was travelling back to the mainland with a companion.
Amongst the friends Dad was travelling with was a girl who's mother came to see them off and witnessed them both board the ferry she gave the Australian Consul a telegram stating this.
The Embassy advised that they contacted the following: Coast Guard, Funeral Homes, and the Shipping Company. They approached the Mayors of two districts close to the tragedy and local TV stations were asked for any information.
In January it was confirmed by Dad's business Partner that Dad was expected to return to Angeles City for Christmas however he had not returned, other enquiries made by the Embassy confirmed this.
This was all the Embassy did it is documented that from this point, they were not interested in doing anything else to assist us obtain the necessary documents regarding Dad‘s death
Foreign Affairs then advised us that a possible course of action would be for us to report to the Queensland Police that he was a missing person.
When I enquired to the Queensland Police I was referred to the Federal Police, when I called the Federal Police for an appointment, they informed me that it was not relevant to any Police Matter in Australia and referred me back to Foreign Affairs because he was missing overseas.
I wrote to Mr. Bill Hayden and asked if he could assist me with our problem, the assistant Sec Consular and passports branch responded as follows:
"In our letter, we informed you of the procedure for reporting the disappearance of your father, I regret your efforts have been unsuccessful. We checked the procedures again & confirm our original advice to you, being lodge a missing persons report with Queensland Police."
On receipt of this letter (March '88), I rang & spoke to an Inspector at Police Headquarters Brisbane and asked for an appointment to lodge a missing persons report.
The SGT advised me that this was not within Queensland law basically because he was a missing person overseas and refused to make me an appointment based on the fact that it would be a waste of time.
He then referred me back to Foreign Affairs….
At this stage Mum was financially and emotionally scarred, and waiting for something to happen.
We knew that there would be some type of statute so our next call to foreign affairs was Dated 10th Dec 1992. I asked for the status on Dad's file and informed me that nothing more had been done but the file was still open, he then went on to say that an internal memo had stated that they will never find out what happened and that there was nothing more they could do.
I asked if the statute was 7 years and responded with yes and that the file would stay open until then and be reviewed. He became quite agitated with me at one point stating "We deal with persons who are alive overseas not dead ones" and that we should hire a solicitor and follow it up through the Supreme Court.
Now they say he's dead but won't confirm it ... wot a joke,,.
I don't understand why they couldn't have applied for a Death Certificate from the Philippine Government at the time based on the fact that they had been given evidence and statements confirming he had boarded the boat, it should not have been left up to us to deal with in a private matter.
Our mother was destroyed at this point and was never quite the same. Financially dependant on Dad and having no income to support her children she did not have the means to pursue a Supreme Court Action.
Our Grandmother (Dad's Mum) had received a letter sent via Foreign Affairs from an overseas Solicitor V. Del Rosario, they were advising of a Court Action starting against Caltex and requested information on Dad. Our Grandmother then signed the relevant documents on our behalf for compensation claim of Dad's death.
The case was to be heard in the US Courts and Mum was hopeful that once it was concluded and we received compensation, it would prove beyond any doubt that Dad was on the Ferry and provide us with the evidence we needed for a death Certificate.
As far as I'm aware this action is still currently in the courts and Mum has been deceased since 2003.
I can't tell you the hardships Mum went through because of this situation, and not being able to access her spouse entitlements from DFRDB ...mostly living on the boarder line of poverty in housing commission community's.
Our mother became involved in an abusive relationship with another partner and turned to alcohol for solace.
Our 11yo sister's education suffered and their standard of living dropped dramatically. Our whole family has suffered over the past 20 years, all of us emotionally scarred in some way.
The legal advice Mum was being given was sketchy at best, with all of these so called professionals stating that there had never been a case like this and if it did go to Supreme Court the costs would be very high.
She applied at that time for but was unable to attain legal aide, because it was an Estate matter (apparently).
Our mother passed away in 2003 at home after a 12-month battle with cancer, my sister and I cared for her at home during the last 3 months of her life.
It was her last wish that we finalize this whole affair and finally put Dad to rest with her and their son Craig at Mt. Gravatt Cemetary. (Craig was killed by a speeding motorbike in 1984 on his way to Football training, he was 12 years old.)
I contacted Foreign Affairs via email in August 2006. They responded with a phone call advising me that all of my fathers records have been destroyed. That his file was not kept open and they don't know why. They gave me a contact name in their office and then advised me to contact the Coroners Office and I did so via email, I phoned them a week later for an update.
The Coroners Office advised me that it was not their department because it was a death overseas and then referred me to the Supreme Court.
I phoned the Supreme Court immediately and they then informed me that it was not their department and I should contact Births, Deaths and Marriages. I called this department, they advised me that it was a death overseas & not their department and I would have to contact someone from foreign affairs they asked me to wait and then proceeded to search information on the net and referred me to the Registrar Generals Office.
I rang Foreign Affairs to advise them that I had been referred to this department again, they informed me that they believed the Registrar Generals Office wouldn't be able to assist either.
I asked them to please find out whom I should speak to again surely this department could be more pro active.
He advised me that he had contacted all the departments that I had, and was told by the Supreme Court that they could assist but it was a private court matter…..
Wow how can I end up back in the same place, this is the same bloody roundabout as 20 years ago.
All we require is a Death Certificate, how hard can it be after all this time, even blind Freddie could see Dad was on that ferry, so as far as I can see the only reason Foreign Affairs would not confirm he was on the boat was because he was not listed on the Manifest, but as we all know there were over 3000 people on that boat and most of them were not on the manifest either.
Not one sole has seen or heard from him in over 20 years, there is absolutely no trace of him.
There were no protocols to assist us back then, no support from anyone in our Government, no DNA testing. Our Government didn't even search for his body....
Bob Hawke came out with a televised statement saying “there were no Australian Citizens on the ferry”.
Dad was left for dead and ultimately shark bait.....Surely if DFAT made equiries with the Philippine government they could have confirmed to them via Passport records that he never left the country, but our Consul even now seems to be too stupid to even check that ... they have just left us out to dry..
We have been forgotten... just like Dad .. since his tragic death there has been no assistance from any of our Government Departments.
Currently we have been advised that a court action would cost in excess of $25,000... and every Lawyer we have approached won't go near it because it is far too complicated... that is just ridiculous.
One department telling us.... no he is missing we cannot confirm he is dead, another department telling us he is dead and we're stopping his entitlements, but you can't claim his estate or benefits until you prove it ….. and provide a death certificate.
Update: April 07
Since I last wrote... Dad's case was taken to the Senate Estimates committee soon after my sunrise interview by Mr. Rudds office, taking this as being the best course of action. He then dropped it very quickly to persue his leadership of the Labour Party.
Soon after Consular official Evan Williams contacted me giving me advise on free legal services, even stating that the Refugee free legal service may be of some help.
I was blown away yet again, when I informed him that I didn't believe I should have to do anymore than provide the relevant documents and that his department should be responsible for the supreme court action if this was the only way to resolve the situation.
He responded with we don't handle legal matters so "Don't you want to do anything to help yourself" ... well at that point I pretty much told him exactly what I thought.... as you can imagine the phone call did not end with any resolution only serving to deeply upset me with his arrogant and ignorant attitude to our desperate situation.
Soon after that I managed to find a Lawyer who agreed to try and help me. It had been in his hands since November 06 ...
February 08
After another long and stressful 18 months, I have just been told by my Solicitor that after investigation they will not be able to assist us ..... it's just all too hard and the costs are going to be very excessive... Now in excess of 35,000.
Oh great… back to square one AGAIN... I think I might be going insane….
I have contacted Foreign Affairs Consul in Australia informing them that my Lawyer advises that it cannot be done and they have to fix it because it was their initial mistake that has caused it.. ....
Apparently they believe .... I need a Barrister.. the only problem is we can't find one who is willing to help us because their mistake and consequent handling of the matter has made it almost impossible via any channels.... Oh unless we have copious amounts of money that is…
March 08
I have contacted Bernie Ripoll MP his personal assistant Lloyd Prestige is currently trying to assist me with this matter, lets hope this time someone can help!
JULY 08
Just received an email from dfat ... they have given me 2 quotes from Lawyers in Manila... and inform me that I will have to travel there to retain their services in order to obtain a death certificate through the court system .. Consul estimates this will take well over a year in the system...
???Why should one family have to bear the many consequences over the past 22 years, due to one Government Departments inactions and blatant disregard of their Duty of Care to an Australian Citizen and Ret. Serviceman.
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