Canadian Citizen Killed In Surigao City

[Thomas]

Is the punishment for murdering a close relative greater or less than the punishment for murdering someone who is not a relative?  And, do they also have categories for murdering a rich person and a homeless person. We all know that homeless people are the lowest class of people so maybe there's no punishment for murdering them.

 

The punishment for murdering another human being should be the same for everyone regardless if they are a family member or are rich or poor, young or old. All human life has the same value. Therefore, I don't see any need for categories with weird names that most people don't even know what they mean.

Well. Some homeless are very nice, and some rich are realy a...oles, so their real class can be opposite to their economic   :)

 

Well. Depending of reason killing a relative:

/E g if a weaker murder someone, who has abused them for a long time, I find that being worth a SMALL punishment, or perhaps even none, because it's kind of self defence even if it didn't happen exactly during the abuse.

/But if murdering a nice/normal relative out of greed, I find that WORSE than a normal murder because

1. a big betrailar if being murdered by family,

2. if they get free, they get a much biger "profit" chance by inheriatage, than a robber get.

[jamesmusslewhite]

Warrents Issued in Doyle Murder

By: Tara Chrislett Aug. 17, 2013

Chislett.TaraLynn@dailygleaner.com

An arrest warrant has been issued for the widow of a former Frederericon businessman murdered in the Philippines last summer. A warrant for Erma (Jane) Undang Doyle on the charge of parricide was formally issued by the Surigao City Courts on Friday. Copies of the warrants were obtained by The Daily Gleaner.

The warrant directs any officer of the law to arrest the accused to be dealt with in a court of law. No bail bond was recommended. Warrents were also issued for Jerome T. Devocion, Johnny Parian, and Jeffery “Opok” Parian on the charge of murder. The charges stem from Aug. 12, 2012 murder of Harry Doyle, who was gunned down at the Palma Resort in Punta Bilar, Surigao City while attending a family picnic with his wife Erma (Jane) Doyle, and their 12-year old son, Joseph.

Doyle who had been living in the Philippines for almost 10 years, was shot five times in the chest, abdomen and upper leg and died on the beach in front of dozens of witnesses.

Jane Doyle, Devovion and the Parian brothers were charged with murder weeks after the incident in September. Of the four, only Devocion has been arrested. Jane Doyle has been in Canada since last August, arriving shortly after her husband’s slaying. While in Canada, she gave birth to a baby boy.

The warrants came after the prosecutor in the case, manual N. Teslorna Jr., filed a resolution in court Aug. 2 requesting warrants for all four connected with the case. In the Philippines, parricide is a crime committed by any person who kills his father or mother, children or spouse. According to the Revised Penal Code, parricide in the Philippines is punishable by reclusion perpetua – a life sentence – or death. As the Philippines has signed in law a hold on all death penalty convictions it would carry a maximum punishment up to a life sentence.

 

Carole Saindon, a media relations spokesperson with the Canadian Department of Justice, said because communications between states are privileged, all information related to specific cases, including the receipt of extradition requests is confidential and can not be released publicly until as arrest is made under an extradition warrant. According to Canadian Extradition law, a foreign country or entity can make a request for extradition of a person who is wanted to stand trial or to serve a sentence, if that state or entity is an extradition partner under the Extradition Act. “A person may be extradited from Canada only if the alleged criminal conduct in respect of which the extradition is requested is recognized a criminal in both countries. This is the principle of double criminality,” the guidelines read.

The country seeking extradition can do so in two ways – by providing Canada with a formal extradition request and supporting documentation or by requesting the provisional arrest of a fugitive, which must then be followed by a formal extradition request. Upon arrest, the person is brought before a judge of the Superior Court of the province or territory where the arrest was made to be spoken to and to set a time for a bail hearing.

Council for the Attorney General of Canada handles cases on behalf of the requested states or entities. Another hearing follows to determine whether or not the evidence is sufficient to warrant the person to be extradited. “It is not a trial. A trial will take place in the requested state or entity, if surrender is ordered,” the guidelines read.

 

The Minister of Justice makes the decision with respect to whether the person will be surrendered to the extradition partner.

[jamesmusslewhite]

 

I believe they chose it because unlike murder it is a non-bailable offense. I believe the fear is that with the money she had already receive while in Canada would allow her to pay the bail imposed and then flee trying to elude the charges. Jane had already showed that she was willing to be illusive and uncooperative; and perhaps intentionally tried to allude the investigators, and with purpose refused to answer their questions, or helping to assist in their investigation in the murder of her spouse.

 

Murder and Homicide are also non-bailable offences in the Philippines. Jane Doyle was charged with Parricide simply because that is the legally correct offence in her case  and, to me, that shows that the Prosecutor has exercised due diligence in ensuring that her lawyers could not "get her off" on the technicality of being charged with the wrong offence. I would hope that the Surigao PNP contacts the PNP's Interpol Liason Officer and requests that a "Red Notice" be posted citing her as a 'fugitive from justice' and also arrange for a copy of her Arrest Warrant to be forwarded to the RCMP. The Philippines has signed an Extradition Treaty with Canada and this has been in force since 1990 but Prosecutors may not need it since they can request Jane Doyle's deportation - but they will need the "Red Notice" and Arrest Warrant sent to Ottawa first. A request for deportation should result in her arrest and detention pending resolution.

 

I sent the information you mentioned in your post to the PNP investigators so they can check into the procedure you mentioned. This is a very unusualy case as rarely would extradidtion be part of the cases they handle here. I have only heard of it once before since I have lived here and that was the murder of the little girl in Cebu with one of the suspects being in the UK.

Edited August 18, 2013 by jamesmusslewhite

[jon1]

Yes a "Red Notice" is the proper method of detaining and then setting up extradition thru Interpol.

 

http://en.wikipedia.org/wiki/Interpol_Red_Notice#Notice_types

[i am bob]

An InterPol Red Notice is not always required... In a case like this where there is an Extradition Treaty and the Dual Criminality requirements are met, the Philippines would only have to request her extradition from Canada.

[Jake]

An InterPol Red Notice is not always required... In a case like this where there is an Extradition Treaty and the Dual Criminality requirements are met, the Philippines would only have to request her extradition from Canada.

Gotta love them Canucks!  Sounds like the extradition will be short and sweet.  But I would imagine that

Jane Doyle would have some time to shop around in Canada for a wheelchair with matching neck brace.

Her return to Manila International will be front page news as the latest drama queen of the Philippines.

 

I can hardly wait........

[i am bob]

An InterPol Red Notice is not always required... In a case like this where there is an Extradition Treaty and the Dual Criminality requirements are met, the Philippines would only have to request her extradition from Canada.

Gotta love them Canucks! Sounds like the extradition will be short and sweet. But I would imagine that

Jane Doyle would have some time to shop around in Canada for a wheelchair with matching neck brace.

Her return to Manila International will be front page news as the latest drama queen of the Philippines.

I can hardly wait........

I wouldn't be surprised if she goes through every legal trick trying to get her deportation canceled. A quick showing of the evidence against her and they should all be squashed quickly though. I hope she tries to buy her way out of it here in Canada because that will just get her on a very fast plane out of here!

Edited August 22, 2013 by Jollygoodfellow
removed duplicate content

[Markham]

I sent the information you mentioned in your post to the PNP investigators so they can check into the procedure you mentioned. This is a very unusualy case as rarely would extradidtion be part of the cases they handle here. I have only heard of it once before since I have lived here and that was the murder of the little girl in Cebu with one of the suspects being in the UK.

That's good, well done James!

 

As Jane Doyle is a Filipino and not Canadian citizen (by birth), the Canadian authorities should deport her to stand trial in the Philippines - she is, after all, a fugitive from justice in her own country and in hiding in Canada. But the all-important Red Notice needs to be in place and her Arrest Warrant sent to Ottawa via Interpol. If Deportation is not an option then the more time-consuming Extradition request will need to be made via the Department of Justice and the Department of Foreign Affairs. As the Philippines is not a signatory to the Hague Convention, all legal documents, witness statements etc., will very likely need to have an Apostile affixed, probably by the DFA, before they are lodged with the Canadian Authorities.

 

In this case, Canada - as the requested nation - will bear the full cost of Doyle's custody and for the Extradition proceedings (including any appeals) including full legal representation for the Philippine government (senior Barristers will be employed). However the Philippines will probably be responsible for collecting her and escorting her to the Surigao jail. The Prosecutor will have to prepare a full case brief as though it were a trial but the Extradition Hearing Judge(s) do not apportion guilt but simply decide, on the balance of probabilities, if there is a case to answer.

 

Harry Doyle's family really need to get some expert legal advice and try to get the Court to order that the Grant of Probate not be given until after Jane Doyle has been tried and that case resolved. If she's found guilty, there may be a valid argument that she should not benefit from a criminal act. This would be reinforced if the family can provide concrete evidence - ideally a letter - indicating that Harry was considering changing his Will -- such evidence would also be very useful for the Surigao Prosecutor as it would indicate premeditation (Jane knew of his plan and had him murdered before he could change his Will).

 

In the Ella Joy Pique case, CIDG-7 sent a fax to the Metropolitan Police in London requesting their assistance in bringing their suspect, a British national, to trial. For their part, the Met arrested the suspect, notified Cebu that they had done so and requested a full dossier of information in order that they (the Met) could investigate the matter. Whilst the suspect was in Police custody, his and his former wife's homes were thoroughly searched and his electronic "toys" taken for forensic examination. The suspect was bailed two days later and required to report to a (named) Police Station once a week for the next 3 months whilst the Police attempted to get further information. The Cebu PNP/Prosecutors then faxed two letters to London: the first from CIDG asking for the suspect to be "handed over" to the Cebu PNP and the second written by the victim's father which charged the suspect with the offences of kidnap and homicide. At this stage NO Arrest Warrants had been applied for in Cebu - either for the suspect or his female partner and alleged accomplice in Cebu: they were only issued some four or five months later. After 12 weeks on Police Bail - about the maximum allowable period in England - the Met, who'd not received any evidence to support the PNP allegations, decided that the suspect had no case to answer and released him without a stain on his character. (His "toys" were returned to him with the confirmation that absolutely nothing had been found of an incriminating nature')

 

Hopefully there are some lessons that can be learned from that and applied to the Doyle case.

[Markham]

Sounds like the extradition will be short and sweet.

Not necessarily. Providing the Prosecutor assiduously prepares the legal case, that should go without a hitch. Unfortunately, the decision to extradite is a political rather than a legal one. The Prosecution will need to satisfy the Canadian authorities that Jane Doyle will receive a speedy trial, that she will be properly represented in court and that the trial itself will be fair; also that she will not face the death penalty if convicted. This means that the Police, Prosecution and local politicians should NOT make any public statements as to her guilt or indeed about the case generally. Should they do so, Jane Doyle's Canadian lawyer(s) will put pressure on the responsible Minister not to extradite.

[jamesmusslewhite]

Philippine police confirm arrest warrants issued in murder of Fredericton man

Aug 19th 2013, 12:05, by Nick Logan

 

The family of a murdered Fredericton businessman has new hope justice will be served, a year after he was gunned down in the Philippines. On Friday, the family of Harry Doyle received word a court in Surigao City issued an arrest warrant for one of the prime suspects in his death – his wife, Erma “Jane” Udang Doyle. The 62-year-old man was shot several times on Aug. 12 last year while spending time with family and friends at a beach resort in the northern part of Mindanao Island, in the southern part of the country. Local police had suspected Doyle's Filipina wife of having a hand in the murder since early on in the investigation.

 

Global News learned on Friday an arrest warrant had been issued for Jane Doyle. "The family is greatly relieved. We have been waiting for a long time for the process of justice to move forward, and we're very pleased," Doyle’s sister, Joan, told Global News by phone, in Fredericton, on Friday. She, along with Harry’s other sister, Anne, are complainants in the murder case. "If an arrest warrant has been issued in the Philippines,… we're hopeful that she will be extradited to the Phillipines to face the charges, and to answer to what she's being accused of,” Joan Doyle said. "Nobody knows the truth until the trial is held."

 

Global News was able to confirm with Philippine National Police (PNP) investigator Ricky Cañeda Monday morning (local time) that the Regional Trial Court issued the warrant on Thursday, Aug. 15. Jane Doyle arrived in Canada on Aug. 25 — the day after his family held a memorial service for Doyle in Fredericton. She was accompanied by their son and she was pregnant with another son at the time. Six days later, Philippines National Police investigators named her, the family’s now-former driver and bodyguard Jerome Devocion and two other men as suspects. At the time, investigators said they believed she was having an “illicit relationship” with Devocion. Jane Doyle remained in Fredericton and gave birth to her second son in November. Global News attempted to contact Jane Doyle in Fredericton on Friday, but was unsuccessful.

 

The Regional Trial Court in Surigao City officially charged her with the crime of parricide – the murder of a family member or spouse. Court documents obtained by Global News also recommended Jane should not be eligible for bail. Devocion is in jail related to other charges — involving people connected to the Doyles — and has now been charged with Doyle's murder as well. The two men accused of shooting Doyle to death – brothers Jhonny and Jeffrey “Opok” Parian – also face murder charges. None of the allegations have yet to be proven in court. When asked if there were plans to extradite Jane Doyle back to the Philippines, Cañeda said the priority for police is to locate the Parian brothers, who have since left the area. He said police would coordinate with Canadian authorities if there are any plans to extradite Jane Doyle.

 

Global News contacted Canada's Department of Foreign Affairs last week about the case. Spokesperson Jean-Bruno Villeneuve said consular officials were "aware of the case and providing assistance as required." Cañeda said police planned to meet later in the day Monday to discuss moving forward with the Doyle murder case.

 

Doyle’s son happy progress has finally been made Stephen Doyle, Doyle's adult son from another marriage, was excited to learn of the charges and the arrest warrant. He said he had been disheartened by how long it took for the case to advance. "[The case] had been moving very, very slow and then it suddenly just gained this tremendous momentum," Stephen Doyle said in a phone interview. The case has dragged on for much of last year due to legal hoops in the Philippine justice system, which is based on colonial Spanish law.

Read more: Family, friends frustrated with slow pace of Harry Doyle murder case

Now living in Ontario, Stephen Doyle said he plans to travel to the Philippines when the trial goes forward, to "put a face" to the family and the community ties his father left behind. "Another reason I'm doing it is to fight for my father," he said. "If it was the exact same scenario, in which I was killed in the Philippines … he would be the first one to sit down in the courtroom."

 

Global News reached out to Jane Doyle's lawyer Edmundo Zerda, based in Surigao City. He said he could not comment on the case now that it was before the court, saying it could “adversely impact the case.” “We welcome the opportunity to show that my client is innocent of the charges levelled against her,” Zerda said in a phone interview Sunday evening. Zerda said he had not spoken to Jane Doyle since the arrest warrant was issued. He said Jane Doyle plans to return to the Philippines, but he said he has “strongly advised her to stay put in Canada because of existing threats to her life.”

Global News has not verified Zerda’s claims.