cause of his death was placed as "acute laryngo-trachea bronchitis with pneumonia due
to viral infection."xviii[18]
It was after the vessel left Colombo on June 30, 1991 that Envidiado started exhibiting
the same symptoms as Misada. The ship captain had to drop anchor at the nearest port
which was Galle, Sri Lanka.xix[19] Envidiado was brought ashore and admitted to
hospital. He died a few days later.
On July 3, 1991, Arturo Fajardo started exhibiting the same symptoms as the two other
seamen. On inquiry, the master of the vessel learned that Misada, Envidiado and
Fajardo implanted pieces of reindeer horn in their sex organs. Fajardo's condition
worsened and the master was compelled to drop anchor at Penang, Malaysia where
Fajardo was admitted to hospital on July 5, 1991. He was diagnosed to be suffering
from tetanus and given medication for said illness. Fajardo recovered two weeks
later.xx[20]
As a result of this chain of events, the master of the vessel conducted a formal inquiry to
verify the cause of the seamen's deaths and illness. Written testimonies as to the events
leading to their deaths were taken from the master, the Chief Officer, Second Engineer
and Second Cook.
The testimonies of the officers are insufficient to prove the fact that Misada's and
Envidiado's deaths were caused by self-inflicted injuries. The testimonies were given by
people who merely observed and narrated the circumstances surrounding the deaths of
the two seamen and the illness of Fajardo. Fajardo himself did not submit any testimony
regarding the implantation. The testimonies of the officers are, at best, hearsay.
Moreover, the officers did not have the competence to make a medical finding as to the
actual cause of the deaths. No autopsy report was presented to corroborate their
testimonies. On the contrary, Eduardo Misada was medically diagnosed to have died of
"acute laryngo-trachea bronchitis with pneumonia probably due to viral cause."xxi[21] This
was declared in his "Cause of Death Form" after his dead body was examined on June
29, 1991 by Dr. Sydney Prematirat, a Judicial Medical Officer at Colombo, Sri Lanka.
Enrico Envidiado was not issued a "Cause of Death Form." While still alive, he was
examined in Galle, Sri Lanka by Consultant Physician Chandima de Mel who found a
wound in his penis and diagnosed his illness as "severe tetanus."xxii[22] His "Certificate
for Removal of A Dead Body" dated July 8, 1991 issued by Dr. T.L. Seneviratne, Chief
Medical Officer of Health, Municipal Council, Colombo, Sri Lanka,xxiii[23] and "Certificate
of Embalming" dated July 8, 1991 issued by Keith Anthony Raymond xxiv[24] stated that
Envidiado died of "viral myocarditis-- natural causes."
The "Certificate for Removal of a Dead Body" and "Certificate of Embalming" are not
proofs of the real cause of death. Their probative value is confined only to the fact of
death.xxv[25] These documentary evidence, however, did not at all indicate that Envidiado
died of tetanus as previously diagnosed by Dr. de Mel. And despite Dr. de Mel's
allegedly correct diagnosis, Envidiado died a few days later.