Canadian Citizen Killed In Surigao City

[Markham]

The situation between the case of Ian Griffiths (charged with Murder) is that the UK has refused to extradite where as Jane Doyle (charged with Parricide) has yet to be served the arrest warrant nor has the process of extradition been even started. They are really two completely different situations.

No, James, that is not correct. The Cebu Prosecutors have repeatedly said that an application for Ian Griffiths' extradition has been made but this is simply not true. There is no Extradition Treaty in legal force between the United Kingdom and the Philippines so applications for extradition have to be made on an ad hoc basis and no such request has ever been made. The UK has not refused to extradite Griffiths nor has Griffiths been served with an Arrest Warrant issued by the Cebu Court. But his trial continues in any event.

[jamesmusslewhite]

 

The situation between the case of Ian Griffiths (charged with Murder) is that the UK has refused to extradite where as Jane Doyle (charged with Parricide) has yet to be served the arrest warrant nor has the process of extradition been even started. They are really two completely different situations.

No, James, that is not correct. The Cebu Prosecutors have repeatedly said that an application for Ian Griffiths' extradition has been made but this is simply not true. There is no Extradition Treaty in legal force between the United Kingdom and the Philippines so applications for extradition have to be made on an ad hoc basis and no such request has ever been made. The UK has not refused to extradite Griffiths nor has Griffiths been served with an Arrest Warrant issued by the Cebu Court. But his trial continues in any event.

 

Has the Cebu court issued an arrest warrant on Ian Griffith? As far as his extradition I was only going on this October 2011 article http://interpolnoticeremoval.com/tag/ian-charles-griffiths/ I can only assume that since both he and Bella Ruby Santos were arrested on the charge of kidnapping with homicide charges. The court feels that they can move forward and try to prosecute Bella Ruby Santos and by doing such can also get a conviction on Ian Griffith? And if what you say is true that their is in fact no extradition treaty between the UK and the Philippines and he refuses to return to face the charges, then the Cebu courts may feel that they have no other recourse than to hold a trial for Bella Ruby Santos with an empty chair (his) by her side. And if she is convicted then at the same time to convict in (as in guilt by association). In the US if a gang during a act of bank robbery they kill someone the get-a-way driver is also charged with murder even though they were not physically in the bank or even held a weapon. Perhaps this is the same premise driving their decision? 

 

I have no background in Philippine law and have not really even followed the case other then on a few forum threads and 99% of that information is merely conjecture by members unversed and with no background in criminology and judiciary training. I am really pretty much in the dark as to the Ellah Joy death as a whole. So if I misspoke please excuse my ignorance on the subject. To my way of thinking, to hold a trial without a suspect being in the courtroom to have the right to legal competent council and the right to face their accusers before a jury of their peers is paramount to a kangaroo-court proceeding or a travesty of justice. 

 

These are the times that I wish we had an experienced Filipino courtroom attorney in our membership. 

Edited November 23, 2013 by jamesmusslewhite

[jamesmusslewhite]

Arrest warrant for Jane Doyle remains in Manila, Murder charge | Document to arrest widow of former Fredericton businessman mired in bureaucracy

 

THE DAILY GLEANER story by LAVERNE STEWART Laverne Stewart Burtt Daily Gleaner today:  
Saturday November 23, 2013

 

An arrest warrant for a woman accused of killing her husband, a former Fredericton businessman, has been sitting on a desk in the Philippines for three months. Authorities have been waiting for Harry Doyle's family to write to the Filipino Embassy in Canada asking for the warrant to be sent to INTERPOL in Manila. Once that happens, it can be forwarded to Canada so the RCMP can serve the warrant on Jane Doyle, who's been living in Fredericton since shortly after her husband's murder on Aug. 12, 2012.

The family of Harry Doyle, who was shot to death on a beach in Surigao City Philippines, had no idea it was their responsibility. James Musslewhite, a key witness for the Philippine National Police, said he also didn't realized the Doyle family had to contact the Embassy in Canada before either INTERPOL or the RCMP can act.

On Thursday, Musslewhite said, the Doyle family's lawyer in the Philippines, Alfonso S. Casurra has arranged to fax an authenticated copy of the arrest warrant to the INTERPOL office in Manila. Once the Philippine National Police receives the request from Philippine Embassy in Ottawa, then it will be sent to INTERPOL in Manila. The request will then be returned to the Embassy of the Philippines in Ottawa. Then the RCMP can serve the arrest warrant. 'I can't believe that the RCMP didn't send an email to the N.B. (RCMP office in Fredericton) and send someone to tell the family to request the copy of the arrest warrant,'he said.

He said he and the Doyle family's lawyer met with Philippine National Police Insp. Rosemarie Almazan in September. Musslewhite said the lawyer asked him to tell Harry's sister, Joan Doyle, to take the copy of the arrest warrant that he'd emailed to her, to the family's Fredericton lawyer. Musslewhite said he'd thought that had been done. 'I assumed she (Doyle's sister) had done as he (the lawyer) wished. I didn't know at the time that one needed to contact the Philippine Embassy to request a copy of an arrest warrant that had already been forwarded to his clients. I don't believe anyone here in Surigao imagined that the family needed to write a letter to the Philippine Embassy and request a copy of the arrest warrant that was already emailed to them.'

 

Kim Zed is Harry Doyle's ex-wife and is the mother of his eldest son, Stephen Doyle. She said the delays in the case have been difficult for her son and the rest of the Doyle family. 'They're wanting justice,'she said. Zed said she's spoken to her ex-husband's sisters who've been counting on their Filipino lawyer to act on their behalf. 'The Doyles hired a lawyer to advise on this. How would they even know such a thing?'Zed said.

Bonnie Clark Douglass, a longtime friend of Harry Doyle, also expressed frustration about the lack of transparency in the case. 'To find out that the arrest warrant is still sitting there and the family has to request a copy of it. You would think that somebody there would send a letter to the family to tell them that.' She said she believes somebody has let the Doyle family down. 'There's no communication going on. Somebody missed the point high up. The case is so convoluted because of bureaucracy. The family's lawyer needs to jump into this immediately and get this thing resolved.' Douglass said Fredericton MP Keith Ashfield's office called her Thursday asking for copies of documentation she has about the case. 'I'm hoping they can help the family to close these gaps. There's just so many gaps across this whole issue ... Nobody is talking to the family. They are putting their trust in our system and in the extradition treaty between Canada and the Philippines,'said Douglass.

[brock]

What a farce, Nothing less than I would expect though.

[Steve & Myrlita]

But it's more fun in Da Filipines!

[Markham]

 

 

The situation between the case of Ian Griffiths (charged with Murder) is that the UK has refused to extradite where as Jane Doyle (charged with Parricide) has yet to be served the arrest warrant nor has the process of extradition been even started. They are really two completely different situations.

No, James, that is not correct. The Cebu Prosecutors have repeatedly said that an application for Ian Griffiths' extradition has been made but this is simply not true. There is no Extradition Treaty in legal force between the United Kingdom and the Philippines so applications for extradition have to be made on an ad hoc basis and no such request has ever been made. The UK has not refused to extradite Griffiths nor has Griffiths been served with an Arrest Warrant issued by the Cebu Court. But his trial continues in any event.

 

Has the Cebu court issued an arrest warrant on Ian Griffith?

 

Very possibly - I can't be more definite than that and it does depend on whose account you believe. The prosecution say that an arrest warrant has been issued and sent to London but the defence team say no such warrant has been received by anyone in the United Kingdom.

 

As far as his extradition I was only going on this October 2011 article http://interpolnoticeremoval.com/tag/ian-charles-griffiths/ I can only assume that since both he and Bella Ruby Santos were arrested on the charge of kidnapping with homicide charges.

Yes but the Cebu authorities asked for help from the British Police who then arrested Ian Griffiths, held him in custody over the weekend whilst searching his home and seizing his computers. At no time did the Cebu authorities send a Court-issued warrant nor did they respond to requests for further information and evidence against Griffiths. The Police were obliged to release him from custody - since they did not have sufficient evidence - but did so on Police Bail which meant he had to report to a named Police Station on a weekly basis. After some 12 weeks on Bail - about the most permitted under the law - and with no cooperation coming from the Cebu authorities, Griffiths' Bail was removed and he was released 'with no stain on his character'.

 

The court feels that they can move forward and try to prosecute Bella Ruby Santos and by doing such can also get a conviction on Ian Griffith?

The current Court proceedings started as a Bail Hearing for Bella Santos and the Judge instructed the Prosecution to present all its witnesses. Santos was granted Bail some months ago and the proceedings have morphed into being a trial but what's not clear is "a trial of whom"; Santos - obviously - but Griffiths too?

 

And if what you say is true that their is in fact no extradition treaty between the UK and the Philippines and he refuses to return to face the charges, then the Cebu courts may feel that they have no other recourse than to hold a trial for Bella Ruby Santos with an empty chair (his) by her side.

An Extradition Treaty has been signed by representatives of both the British and Philippine governments but the necessary enabling protocols have not been followed in either country and therefore the Treaty is not in effect. However, one-off applications can still be made under the terms of the Treaty.

 

And if she is convicted then at the same time to convict in (as in guilt by association). In the US if a gang during a act of bank robbery they kill someone the get-a-way driver is also charged with murder even though they were not physically in the bank or even held a weapon. Perhaps this is the same premise driving their decision?

The Judge has made no determination as to whether Griffiths is also currently on trial or whether he would have to face a separate trial should he ever return to Cebu.

 

To my way of thinking, to hold a trial without a suspect being in the courtroom to have the right to legal competent council and the right to face their accusers before a jury of their peers is paramount to a kangaroo-court proceeding or a travesty of justice.

Yes, I agree. 

 

I think the Cebu authorities have been advised that a request for extradition would have one of three possible outcomes:

1. It is granted and Griffiths is sent to Cebu. The chance of this is so remote as to be approaching zero.
2. The legal panel assessing the case believes that there is a case for Griifiths to answer but that he should be tried by a jury sitting in a Crown Court (ie a criminal court) which is an option provided for in the Murder Act (under which he would be charged). This would normally only happen if the evidence against him were to be strong but that it would not be acceptable for him to be tried abroad - say if the panel were unconvinced he'd receive a fair trial or be held in humane conditions.
3. The application is denied. The most likely outcome by far.

and they would have been advised (by the DoJ) that, unless they secure a conviction against Santos, the chances of the outcome of the extradition application being favourable are zero to none.

 

The second possibility - a Crown Court trial - would be a nightmare scenario for the Cebu authorities because their witnesses would be expected to appear most probably in person as its a "capital crime" rather than a video link, and give evidence and be cross-examined on their testimony - all subject to the laws and rules of Court in England. And if he's acquitted then Santos' defence team would use that to gain an acquittal in her case.

Edited November 24, 2013 by Markham

[jamesmusslewhite]

The part that has everyone worried both here and in Canada is what after all the work investigating the case, hardship incurred by all the witnesses, and getting it before the court to get the arrest warrant issued; that Canada will then refuse to grant the extradition of the cases primary suspect.

 

 

Since there has been only previously two extradition cases for the return Filipino citizens from Canada which were both unsuccessful?

 

??? 

[Thomas]

To my way of thinking, to hold a trial without a suspect being in the courtroom to have the right to legal competent council and the right to face their accusers before a jury of their peers is paramount to a kangaroo-court proceeding or a travesty of justice.

But even without an extradiction, the suspect can go to court to participate volontaringly... :mocking:  

[Americano]

Near the beginning of this case I said that the family of Harry must file charges in the Philippines, know who to pay and continue to demand that this case be completed while they are in the Philippines or this case would not be resolved any time soon. What I said has proven to be very true. Harry's family did not file charges in the Philippines that I know of. They did not pay the right people as required to get the case moving. And they are not here every day demanding justice until everyone gets tired of hearing from them and finally does something. That's the way things work in the Philippines.
 

[jamesmusslewhite]

Near the beginning of this case I said that the family of Harry must file charges in the Philippines, know who to pay and continue to demand that this case be completed while they are in the Philippines or this case would not be resolved any time soon. What I said has proven to be very true. Harry's family did not file charges in the Philippines that I know of. They did not pay the right people as required to get the case moving. And they are not here every day demanding justice until everyone gets tired of hearing from them and finally does something. That's the way things work in the Philippines.

 

Actually they did. Two of Harry's sisters traveled here for a week after I got them in connection with Atty. Alfonso S. Casurra. They entered their signed statements went before the City Prosecutor and legally filing charges against the four here in the Philippines. It was that visit almost one year ago where they also worked out all the details with Atty. Casurra so he could legally represent their interest and to be their private prosecutor once the arrest warrant was formally served on all four suspects. The sisters also met with the investigative officers and all the witnesses. Atty. Casurra also communicates with the Doyle family as well as all their Canadian barristers.

 

To the very best of my knowledge the Doyle sisters or Harry's son have never had to pay anyone such as you have described. It is for that reason I feel your statement to be rather inaccurate as it pertains to this case.

 

I got them in contact with the very best lawyer in this region to represent them and protect their interest. And Atty. Casurra has done an exceptional job and has been instrumental in getting this case far further than most other expat murder case has gone. You may not respect the PNP, the lawyers, or the courts but they have not once ever conducted themselves in a manner that warranted such a callous remark. It fact it is due to their dedication and professionalism that this case has reached this point. The authenticated copy of the arrest warrant and case file are completed and waiting for the action to be initiated from Canada. All parties involved are also fully prepared to fight to try to extradite Jane Doyle back here so she can stand trial.

 

Throughout this thread many members have given excellent information on the process to get the arrest warrants to Canada, but not one has ever mentioned that once the arrest warrant were ready and in the very same building as the Philippine INTERPOL office in Camp Crome, Manila that then the Canadian family would need to write a letter of request to the Philippine Embassy to receive a copy of the arrest warrant. And that then and only then that INTERPOL would assist the PNP to deliver these documents to the Philippine Embassy in Canada. And that then and only then could the RCMP would have the authorization to serve the warrant. I and others have researched the extradition laws between the Philippines and Canada and have viewed articles and legal websites and non have ever mentioned this strange little quark. This has to be a special provision demanded by the Canadian authorities themselves. The Canadian RCPM even sent a Liaison office to the head PMP office in Camp Crome, Manila and informed that this must be done. Yet they seem to have never once attempted to email or phone the RCMP office in Fredericton N.B. to inform the family of the Doyles. Do Canadians have phone books. :1 (103):

 

They are fully aware of the case, as it has been national news in Canada for over 14 months. One only has to review the thread to see the number of Canadian new paper articles I have posted to see this to be true. The Doyle sisters have a Canadian barrister, and Harry's son has a Canadian barrister and neither lawyer knew? For almost 2-1/2 months friends and family of Harry Doyle have been calling the Minister of justice, RCMP heads, federal/ providential department heads, and various politicians and never once was this little quark ever mentioned to any of them. In fact they have merely played "hot potato" as none were even sure as to who actually has jurisdiction to receive or serve the arrest warrant.

 

I was finally contacted late Thursday evening and asked by a Canadian Facebook group who have been actively circulating a petition to have Jane extradited, and they had been utterly frustrated because of the constant run around and stonewalling. Now just how desperate does one have to be to contact an old fart like me for help?  :hystery:  It took me less than two hours to find where the documents were and less than three hours to contact the appropriate people to finally get the ball rolling. The problem has been found and things are back on track.    :dance: