Canadian Citizen Killed In Surigao City

[jamesmusslewhite]

So here is where this case stands as of today. Tuesday morning I was served a subpoena to appear as witnesses for the prosecution are being sued for Perjury. Our testimony has not actually been used in a court of law, nor has a date even been set for a trial to begin. I am to appear December 12th and 18th. This one I guess can be simply filed under "No Good Dead Goes Unpunished" file. It is merely a harassment tactic being used with the hopes of discrediting witnesses and having their statements recanted or dismissed. It is a big game not unlike a mix of chess and poker

This is the latest update from the Canadian Embassy passed through Foreign Affairs and International Trade Canada

Sent: Monday, November 26, 2012 1:39:21 PM

As discussed, my colleagues at the Embassy called the Office of the Prosecutor and were informed of the following:

According to Ms. Botillos, a meeting is set on January 14, 2013 for the complainant's lawyer to file a reply following the submission of Jerome Devocion's counter affidavit.

It was noted that the lawyer of the accused filed the counter affidavit hours after the scheduled meeting, when the case had been submitted for resolution already (for the prosecutor to resolve whether there is sufficient evidence to proceed to trial). The defense lawyer however filed a motion to "re-open" the case so that the accused's counter affidavit can still be accepted by the prosecutor. The prosecutor has since granted the motion and accepted the counter affidavit, thus the complainant's lawyer in now being asked to comment on/reply to the Jerome Devocion's counter affidavit at the scheduled meeting on January 14, 2013.

Ms. Botillos also stated that no warrant of arrest has been issued as of this time because the preliminary investigation has not been concluded. The prosecutor previously issued subpoenas (only) to the accused to file their counter affidavits

Edited November 29, 2012 by jamesmusslewhite

[Call me bubba]

So here is where this case stands as of today. Tuesday morning I was served a subpoena to appear as witnesses for the prosecution are being sued for Perjury.

Sir could you explain why your being called?

if you did not witness or observe the "crime" why is it needed for them to call you?

i ask, as your posts have shown us how the justice system works/doesnt work here in the RP.

If you cant explain due to your upcoming testimony, i understand.

[tiger31]

must have had ultrasound by now

wonder if that points to any genetic markers

Harry's glare was quite bright (pun intended)

Jane Doyle as already told the family of Harry Doyle that the baby will be 100% Filipino descent.

(nudge - nudge, wink - wink; say no more, say no more...)

another nail in her coffin on her way to jail

[jamesmusslewhite]

So here is where this case stands as of today. Tuesday morning I was served a subpoena to appear as witnesses for the prosecution are being sued for Perjury.

Sir could you explain why your being called?

if you did not witness or observe the "crime" why is it needed for them to call you?

i ask, as your posts have shown us how the justice system works/doesnt work here in the RP.

If you cant explain due to your upcoming testimony, i understand.

my testomony actually connects Jane Doyle, her driver Jerome at a public venue for two hours eating a meal and having drinks with a man who eye witnesses at the Punta Bilar shooting said was one of the two who shot Harry Doyle to death. The other witness who was also served only can identify the two Brother who shot Harry an not those who could have masterminded the event.

So they have been engaged in a mud slinging and stalking campaign since they have not been able to intemidate me to recant my testomomy. If you can not attack the message than attack the messenger. if you can not silence the message, than silence the messenger. It will not work and has only pissed me off and strenghtened my resolve. I really have nothing to worry about because I have only told truths and have not embelished even the slightest and I have lived a clean family life here and I can easily withstand anything they can throw at me.

[jamesmusslewhite]

Sorry for the poor spelling in the above post. I typed it very quickly just before having to prepare myself to go to my lawyer this afternoon and did not take proper time to proofread the post before posting. Though I type a lot of text I have never learned how to formally type. I have to keep a constant watch on the keys as I type so I do not view the screen while I am typing and really can not read what I am typing. If I use a key stroke that is too soft I can not tell it had not posted the letter in the text, and I also have mild dyslexia and will type some letters in reverse. Example the word "Liked" may come out as "Liekd" instead. This is something that has bothered me even when handwriting text my whole life, as I tend to think far faster than I can type or handwrite text. Plus the fact that even though I have earned three University degrees I am by nature still one of the world’s worst spellers. I live and die by spellcheckers.

I am sorry for my laziness sometimes. I just wanted to explain this to members, as it is something that has always plagued me while posting threads.

Edited November 29, 2012 by jamesmusslewhite

[Jake]

Sorry for the poor spelling in the above post. I typed it very quickly just before having to prepare myself to go to my lawyer this afternoon and did not take proper time to proofread the post before posting. Though I type a lot of text I have never learned how to formally type. I have to keep a constant watch on the keys as I type so I do not view the screen while I am typing and really can not read what I am typing. If I use a key stroke that is too soft I can not tell it had not posted the letter in the text, and I also have mild dyslexia and will type some letters in reverse. Example the word "Liked" may come out as "Liekd" instead. This is something that has bothered me even when handwriting text my whole life, as I tend to think far faster than I can type or handwrite text. Plus the fact that even though I have earned three University degrees I am by nature still one of the world’s worst spellers. I live and die by spellcheckers.

I am sorry for my laziness sometimes. I just wanted to explain this to members, as it is something that has always plagued me while posting threads.

Hello James,

No need to explain your vision impairment. If I remember correctly, you're a US Marine just like Mike S.

USMC rifle and pistol qualifications are the toughest among all the other services. Just get your head

down and watch your six, OK?

Respectfully -- Jake (retarded USN E-9)

[Jake]

Hey Devil Dog (James),

I moved your last post to our military and veteran section. It was my fault to lead you astray like that.

Respectfully -- Jake

[jamesmusslewhite]

Their claim of Perjury is based on their interpretation of Art. 183 of the Revised Penal Code of the Philippines, vis, False testimony in other cases or Perjury in solemn affirmation. Which Atty. Edmundo Zerda cited in his Complaint - Affidavit

For Perjury to exist, the following elements must be present:

a. There must be a deliberate assertion of falsehood

b. It must be made under oath before a competent officer;

c. The false declaration is with regard to a material matter; and

d. The statement is reguired by law

This link http://www.chanroble...tm#.ULhbqmchNxM is a site that Virtual Libary that contains this law which Jerome Dovocion's lawyer cited. It states the following:

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

(December 8, 1930)

BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.

Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section.

[Jack Peterson]

:unsure: You know James, I have been Following this story, since you first started it. I know, I am guilty of some lighthearted humour in my postings BUT it is now, beyond belief, what is being unearthed It surely is Spiraling and I hope, not out of control, the OJ Simpson trial comes to mind.

I was talking to a Lawyer here Yesterday, I mentioned the case to him and asked about perjury. His Comment was short and simple.

ANYONE TELLING A LIE UNDER OATH. his view is, it is as simple as that. No need for the courts mumbo jumbo, if you tell a Lie under oath you are guilty of perjury, BUT James, we are in the Philippines. Lets hope Justice will prevail and you can get some restful days and nights. :)

Jack P. :tiphat:

[jamesmusslewhite]

Widow spoke to gunmen before murder - witness; Crime | Orquina says he fears for family's safety

The Daily Gleaner (Fredericton)

Wed Dec 5 2012

Page: A1

Section: Main

Byline: LAVERNE STEWART stewart.laverne@dailygleaner.com

An eyewitness in the Aug. 12 murder of former Fredericton resident and businessman Harry Doyle is talking about what he saw on the day of Doyle's slaying. Martlaw Orquina, a real-estate agent and business owner, said he was at a cottage on a beach near Surigao City in the Philippines with his extended family celebrating his mother's birthday the afternoon Doyle was gunned down.

In a phone interview with The Daily Gleaner, Orquina said he saw Doyle's widow, Jane, and their driver and bodyguard, Jerome Devocion, speaking with the two gunmen near the beach about 90 minutes before the shooting. "Before the Canadian was killed, I saw them talking," he said. In a statement to the police, both Doyle and Devocion stated they didn't know the two shooters. When Doyle was shot, Orquina said he was standing close to the shooters because it happened close to the cottage where the Orquina family birthday party was happening.

According to the coroner's report, Doyle was shot four times in the stomach, chest and upper left leg. "The two guys had their firearms and they began shooting. One of our companions said 'Don't!' and they aimed their guns at us and then they shot again at Harry and then aimed the gun at us again and then they shot again at Harry. Oh my God." Orquina said as soon as the shooting was over, he saw Devocion push Jane inside the Doyle's cottage, but shortly before the ambulance arrived, Orquina said Jane was back outside, near her husband's body and sobbing. Orquina said he saw Harry Doyle die before the emergency medical workers made it to the beach. The nearest hospital is 10 kilometres away in Surigao City. "It took several minutes. I saw him gasping for air. It was very terrible," he said. Orquina said before the day of the shooting he'd never heard of the Doyles, Devocion or Jeffrey and Johnny Parian, who are accused of gunning Doyle down.

He said his life and the lives of his wife and three children have been threatened because he is a witness in this case. Since he became one of the prime police witnesses, the Orquina family has been under 24-hour police protection at their home, he said. Orquina said he's unable to go outside or conduct business. Orquina's children have also been threatened, he said. They have not attended school for the past month since an attempt was made to kidnap them, he said. Orquina wants to speak about what happened the day Doyle was killed because he is worried he will be harmed before a trial takes place, he said. "It's very difficult. All I want is a speedy trial and to have my life back and for my family to be safe," he said. According to Philippine National Police Det. Mark Anthony Miole, Jerome Devocion's lawyer filed his counter affidavit on behalf of his client hours after an Oct. 30 meeting at the Surigao City prosecutor's office. At the time, the prosecutor was ready to determine whether there is sufficient evidence to proceed to trial. Devocion's lawyer, however, filed a motion to re-open the case so his client's counter affidavit could still be accepted by the prosecutor.

The prosecutor hasn't issued an arrest warrant yet because the preliminary investigation has not been concluded, Miole said. The prosecutor has also decided to grant Jane Doyle more time to respond to the charges against her. "We are waiting for the issuance of a warrant for the arrest of Jane Doyle," Miole said. "As of this moment we are preparing our answer for the counter affidavit of Jerome Devocion. Still we are waiting for the issuance of a warrant for the arrests of Jane Doyle, Jeffrey and Johnny Parian." When asked about the length of time it's taking for this case to go before the court, Miole said there are only two prosecutors in Surigao City and the process is happening as quickly as possible. The next hearing in his case is expected to happen on Jan. 14. Miole said the police in Surigao City received a call from Harry Doyle's sisters, Ann and Joan Doyle, stating that his widow had delivered a baby boy, named Daniel, in Fredericton on Nov. 25. The police investigators have accused Devocion and Doyle of having an affair in the months leading up to her husband's death. Miole confirmed the police plan to ask the court to order DNA tests to identify the father of the baby. "The court will issue an order on this matter," he said. "When this will happen will be at the discretion of the court."

© 2012 The Daily Gleaner (Fredericton)