Fishing boat murder case has no global takers

By David Waite
Advertiser Courts Writer

Neither the People's Republic of China nor Taiwan has sought the return of a 21-year-old cook who is accused of the stabbing deaths of two men aboard a Taiwanese fishing boat in international waters southeast of the Big Island on March 14, his lawyer said.

Lei Shi is accused of two deaths aboard a Taiwan ship. Advertiser library photo

"It would seem likely that some other country — China or Taiwan — would express an opinion in the case, but so far, we've heard zip," Byrne said this week.

Shi is accused of stabbing captain Chen Chung-She and first mate Li Da Feng aboard the 195-foot fishing vessel Full Means No. 2 .

If found guilty under U.S. law of murder on the high seas, Shi could face the death penalty. But China and Taiwan also have capital punishment, Byrne said.

Shi demanded just before the stabbing that the ship head back to China, investigators have said.

The crew regained control of the ship after about two days. The ship was escorted to waters off O'ahu and remains there with about 30 crew members aboard.

Shi and the rest of the ship's crew, including the deceased first mate, are Chinese nationals while the captain was from Taiwan. The ship was operated by a company from Taiwan.

Byrne said the case presents some "interesting jurisdictional questions" because the alleged stabbings took place in international waters.

Federal officials have said the ship's agent in Honolulu contacted the Coast Guard on March 18 after the ship failed to report in for three days. They said that when a Coast Guard cutter approached the ship last week, two crewmen jumped in the water, were picked up by the cutter. They were carrying a letter signed by 27 crew members asking for help. The Coast Guard then escorted the ship to a point just offshore of O'ahu.

U.S. Attorney Ed Kubo has said he intends to prosecute the case. But Byrne said the section of federal law that Shi was charged under appears to pertain to situations where a suspected crime happens aboard a U.S.-flag vessel, or the suspect or the victim is a U.S. citizen, or the alleged incident happens within U.S. territorial waters. None of those conditions are present in Shi's case, Byrne said.

Leonard Alcantara, a former Honolulu attorney who specialized in admiralty law, also questioned the United States' jurisdiction in the case.

"When a vessel is taken on the high seas, usually the U.S. doesn't interfere," Alcantara said, except for reasons outlined by Byrne. One other exception under which the United States could assert jurisdiction would be if the ship's last port of call immediately prior to the stabbings was in the United States or if the ship was heading for a U.S. port at the time of the incident, Alcantara said.

Kubo could not be reached to comment on the matter.

Byrne said she also has filed a request with the court for an order that Shi be allowed to call his parents in China. She said Shi has "a very strong defense" but declined to say what it is.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.