Jurisdiction at issue as Army officer who oversaw formaldehyde dispos

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South Korea
STARS AND STRIPES
Jurisdiction at issue as Army officer who oversaw formaldehyde disposal
sentenced
By Jeremy Kirk and Choe Song-won
January 11, 2004

SEOUL -- A South Korean judge sentenced the U.S. Army's mortuary affairs
officer in absentia Friday to six months in prison for improperly
ordering the disposal of formaldehyde down a sink drain nearly four
years ago.

However, U.S. Forces Korea maintained Friday it had jurisdiction in the
case because the offense occurred during duty hours as detailed in the
U.S.-South Korea status of forces agreement. USFK maintained he won't go
to jail.

Albert McFarland, 57, was charged with violating a water-quality law for
ordering two morgue employees in February 2000 to pour out about 192
bottles containing 16 ounces each of the embalming chemical. The fluid
eventually flowed through sewage treatment systems into the Han River,
the main source of drinking water for Seoul's 12 million people.

Environmental activists in the courtroom clapped Friday after Judge Kim
Chae-hwan read the sentence following a 30-minute recap of the case.
McFarland, contacted at his office Friday, declined to comment. Efforts
to reach his South Korean lawyer were unsuccessful.

"I'm sure McFarland is fully aware of what is going on in this
courtroom," Kim said in his ruling. "He intentionally did not show up,
and he kept giving us his own excuses while he did not express any
remorse."

The sentence far exceeded the $4,300 fine sought by prosecutors during a
Dec. 19 hearing. It was unclear Friday if South Korean officials planned
to attempt to arrest McFarland. In a written statement, USFK said a
detention warrant is "inappropriate in this instance."

Originally, one of the employees ordered to dump the chemical complained
to a local environmental group, Green Korea United. The case ignited
fevered protests outside U.S. bases, with nongovernmental groups
charging that the U.S. military doesn't follow environmental rules. U.S.
officials apologized, pledging stronger environmental safeguards.

This article can be viewed at:
http://www.estripes.com/article.asp?section=104&article=18982&archive=true

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