Canadian Citizen Killed In Surigao City

[jamesmusslewhite]

The Daily Gleaner; Date: Mar 31, 2016; Section: News; Page: A4

Son of local man contests will that cuts him out of inheritance
DON MACPHERSON THE DAILY GLEANER

 

The eldest son of a Fredericton man killed in the Philippines is suing his estate, the woman accused of plotting the murder and his younger halfbrothers to contest the late man’s will.

 

Stephen Doyle, son of the late Harry Doyle, filed a statement of claim with the Court of Queen’s Bench in Fredericton that argues a second will that shuts him out of any inheritance should be deemed invalid.

The dispute arises after Harry Doyle’s shooting death in Surigao City, Philippines, on Aug. 12, 2012. After the death, Doyle’s wife, Erma Undang Doyle (better known as Jane Doyle), came to Fredericton for the funeral and
remains in the area.

 

She was pregnant when she arrived in Canada in 2012 and gave birth here to a son.

 

Jane Doyle and her two sons, represented by litigation guardians, were named as defendants in the action and have all filed statements of defence, in which they deny Stephen Doyle’s allegations and ask the court to dismiss his claim with costs.

 

In August 2013, the Philippine National Police issued an arrest warrant for Jane Doyle on a charge of parricide.

Interpol issued a notification on the arrest warrant for her last fall, sending it to its 190 member countries, which includes Canada and the RCMP, at the request of the Philippine National Police.

 

Jerome Devocion, Harry Doyle’s former bodyguard and driver, and Jeffery Parian, the alleged shooter, are both being tried for murder in the Philippines. Another suspect, Johnny Parian, remains at large and is believed to be
somewhere in the Philippines.

 

“Soon after Harry’s death, Jane Doyle produced a will dated Feb. 17, 2010, … which had been purported (to have been) executed by Harry in the Philippines,” Stephen Doyle wrote in the statement of claim.

 

“In the fifth paragraph of the contested will, the claimant (Stephen) is disinherited from any part of the estate due to Harry’s purported ‘great displeasure and dismay at the manner my first son Stephen Doyle carried out his life in a despicable manner despite all the support and opportunities I provided him.’”

 

Stephen Doyle, who lives in the country of Oman now, notes in his statement a previous will from August 2000 provided substantial sums for himself, Jane Doyle and Jane and Harry’s first son, born in October 1999.

 

That previous will would have seen Stephen inherit $330,000 over the span of 15 years following Harry’s death. Stephen Doyle is asking a judge to rule that the second will is invalid.

 

None of the allegations Stephen Doyle makes in his statement of claim has been proven in court.

 

“The contested will does not bear the signature of Harry, as the signature purporting to belong to Harry is a forgery. The contested will is thereby fraudulent in nature and is invalid in and of itself,” the statement of claim says. “In the alternate, should it be found that the signature on the contested will is in fact Harry’s, the contest will is invalid due to Harry lacking the requisite testamentary capacity to execute the same.

 

Harry did not understand the requisite and essential elements of creating the contested will, namely, what property he had to bequeath, the natural objects of his property and that he was revoking the prior will by executing the contested will.”

 

Stephen Doyle contends his father didn’t know what was in the second will and that it isn’t in keeping with the
decedent’s wishes.

 

“Should it be Harry’s signature on the contested will, such signature was procured from the undue influence of the respondent, Jane Doyle, over Harry leading up to the execution of such document,” the statement of claim reads.

Stephen Doyle also argues in the court document that Jane Doyle’s youngest child, born in Fredericton in November 2012, shouldn’t be a beneficiary of Harry Doyle’s estate at all because he’s not Harry’s biological son.

“Counsel for the respondent, Jane Doyle, advised the court on May 8, 2015, (on the record) that [her youngest child] was conceived via invitro fertilization and that Harry was not [that child’s] biological father,” the statement of
claim notes.

 

“The respondent, Jane Doyle, has also produced an agreement dated Dec. 16, 2011, whereby Harry purportedly agreed to Jane Doyle being impregnated through invitro fertilization, with the sample to be provided by Jerome Devocion, who is currently in custody in the Philippines relating to Harry’s murder. The claimant denies that this agreement is valid and denies that Harry approved of and signed the same.”

 

The statements of defence filed by Jane Doyle and on behalf of the youngest child contend that son is Harry’s child, but they acknowledge the boy was conceived by invitro fertilization and that Devocion was the sperm donor.

“The deceased, Harry Doyle, confirmed his intention to raise and consider [the boy] as his child and be responsible for the care of the child as his dependent,”says the boy’s statement of defence, filed and signed by
Fredericton lawyer Patrick Hurley.

 

Jane Doyle’s statement of defence elaborates that Harry was no longer able to father a child.

“Harry wanted his [and Jane’s older] son ... to have a brother or sister to grow up with,” the document states.

Those statements of defence also confirm the existence of the December 2011 invitro agreement and contend it was duly executed by Harry Doyle.

 

The claim also notes that should the contested will be deemed valid, there’s a problem with how it deals with Harry Doyle’s interests in real estate in New Brunswick, and Stephen Doyle asks in that instance for those assets to be divided among heirs in accordance with the Devolution of Estates Act.

Also named as a defendant in the court action is Anne Jean Doyle, Harry’s sister and executrix of his estate, who has yet to file a statement of defence.

 

No date has been set as yet for a court to hear the case.

 

Bonnie Clark Douglass, a friend of Harry Doyle’s Canadian family, said friends and family members remain frustrated that Jane Doyle has yet to return to the Philippines to answer to the parricide charge against her.

“She’s still in Fredericton,” Clark Douglass said Wednesday.“I don’t really know what’s going on … We just don’t understand why she’s still here.”

 

She started a petition some time ago to persuade the Canadian government to extradite Jane Doyle, but there’s been little progress. “Hopefully, she’ll be extradited and face the charges,” Clark Douglass said.

 

Edited April 8, 2016 by jamesmusslewhite

[jamesmusslewhite]

It is difficult finding the various Canadian news paper articles pertaining to this case especially being on a small island in the Philippines. This one was just posted on the Facebook group 'Harry's Place' https://www.facebook.com/groups/459586717434746/ which is a group page started by friends and family of Harry Doyle. These members are actively petitioning the Canadian government to extradite Jane Doyle to the Philippines to face the charges. This article does answer some of the questions which has been asked by members who are following this case.

 

 

 

EXTRADITE -+ A1
Rosemarie Almazan said she's frustrated that Doyle has not been picked up on an arrest warrant issued for her in October2013. Musslewhite said even though some people have grown impatient and frustrated that Jane Doyle remains free, he believes Casurra is making wise decisions. "This is a one-shot deal on the extradition and if waiting eight to 10 months to help Jane get extradited verses rushing and possibly presenting a weaker case before the Canadian extradition judge to me is a no-brainer" Musslewhite said.

 

The first hearing of the Harry Doyle murder trial is scheduled to start on Aug. 18 when Jerome Devocion, Harry Doyle's former bodyguard and driver, and Jeffery Parian, one of the men accused in Harry Doyle's shooting death, will face the charges against them for their alleged roles in his murder. The prosecution is expected to present its first witnesses at that time. Most of the prosecution witnesses are still in hiding or remain under police protection "until their scheduled testimony before the trial judge. Musslewhite said he isn't sure when he will be expected to testify. Johnny Parian, the other man accused of shooting Harry Doyle, is still at large. He was last seen 'several months ago in the (Surigao City area) and police continue to try to bring him into custody,

 

In early 2013, the Court of Queen's Bench in Fredericton awarded Jane Doyle half of the money in a bank account she held jointly with her. The 62-year-old former Fredericton businessman was murdered on Aug. 12, 2012, In the Philippines. His widow Is one of four people charged with his shooting death. In a decision issued in January 2013, Justice Judy Clendening ruled that regardless of whether she had a role in her husband's death, she was legally entitled to half of the funds in the disputed investment account at BMO Nesbitt Burns.

 

Jane's Lodge, which was an inn that Harry and Jane Doyle had built in Surgao City, is for sale. Harry Doyle left an estate worth $1,973,326, according to documents filed with the court in New Brunswick. Doyle's sister, Anne Jean Doyle, who was named as the executrix of the disputed will, had her late brother's assets frozen in the wake of the allegations against her sister-in-law. Harry Doyle's will has been disputed by his eldest son Stephen Doyle.

 

Filipino police have alleged Jane Doyle and Jerome Devocion were lovers and they were seeking a paternity test to determine who's the father of Jane Doyle's youngest son Daniel Doyle. The 2O-month-old boy was born in Fredericton on Nov. 21, 2012. On July 28 friends of Jane Doyle who live in Fredericton signed guardianship papers for her two sons

 

Article written and filed by Don MacPherson (lead writer for the Telegraph Journal)

Edited April 12, 2016 by jamesmusslewhite

[jamesmusslewhite]

Earlier I had posted a link to the W5 documentary 'W5: Who Killed Harry Doyle?' which was posted on the Vimeo website. That original URL no longer works as Vimeo obviously relocated the Canadian W5 News documentary on their site. This is the new URL to that same 30 minute documentary.

https://vimeo.com/161248177

 

 

Update:

The court judge who resided over that case retired which puts the case on hold, The court case will continue once a replacement judge has been approved and assigned to the courtroom. How long this will take is still yet determined. I will post once this judge has been assigned and a new court hearing has been assigned.

[jamesmusslewhite]

I know this is the first update since June. This is because there has been no new news reported. I have always posted newspaper articles and documents which were first approved by the PNP and or legal counsel for the prosecution. I have always posted the newspaper articles citing the source and providing a URL link to the source whenever possible.

 

The judge presiding over this case before the court retired and as of yet to my knowledge has a replacing judge been assigned to that courtroom. I have been told that once a replacement judge is assigned there will a certain adjustment time and then cases presently before that judge will be scheduled new hearing date on the court docket. When this replacement judge is assigned and the new hearing date has been scheduled I will post that information on the thread.

 

The main reason I posted this update was so I can post an older 2013 article by the 'Fredericton Dailey Gleaner' which is a Canadian newspaper located in the hometown of Harry Doyle and has been a source of many of the newspaper articles I have posted on this thread over the years. This article was posted on the Facebook group ''Harry's Place'' which is a group of Harry's friends, family and associates in Canada try to petition the Canadian Government seeking justice for family of murdered Harry Doyle. This article was written when the wife of Harry Doyle was in court to get control of Harry Doyle's assets, accounts and real property.The Canadian court did release at least half of some investment accounts. At the time there were comments and queries by members as to how Jane was rewarded these funds. This article goes into the intricacies of Canadian law which may help answer those earlier questions. It is for that reason I am posting this 2013 article.

 

 

Daily Gleaner
March 13, 2013
Doyle widow get access to half of investment funds

Ruling: Judge says it doesn’t Matter if woman played a role In the murder
By Don MacPherson
macpherson@dailygleaner.com

 

A woman implicated in the murder of her husband in the Philippines has succeeded in getting access to half the money in an account she held jointly with the deceased Fredericton man. Erma Undang (Jane) Doyle, 35, applied to the court of Queen’s Bench in Fredericton late last year to gain access to a joint account she held with her husband Harry Doyle. Harry Doyle was shot to death by two gunmen in the Philippines Aug. 12th in front of his wife, 12-year-old son, and other witnesses. In addition to the alleged gunmen, brothers Jeffery and Johnny Parian, investigators with the Philippines National Police have accused Jane Doyle and family bodyguard Jerome Devocion of conspiring to kill Harry Doyle, a Fredericton man who divided his time between the capital city and his home in the Philippines.

 

In the decision issued last week, Justice Judy Clendening ruled regardless of whether Jane Doyle had a role in her husband’s death, case law indicates she’s entitled to half of the funds in the disputed investment account at BMC Nesbitt Burns. “The question of whether Jane Doyle was involved in or caused the death of Harry Doyle has not been determined,” the judge wrote in her Jan. 2 decision. “He does leave an estate worth $1.5 million, including this disputed account. At some future time Jane Doyle may or may not be entitled to the estate as devised in Harry Doyles’s will.

 

Clendening cited case law indicating even if someone is found to be guilty of some wrongdoing in the death of another, he or she doesn’t lose his or her interest in an existing asset. “An insurance policy, for instance, does not create an interest in the wrongdoer except on the death of the policyholder. In the case at bar, Jane Doyle already had an interest in the investment account before Harry Doyle’s death,” she wrote. Jane Doyle had an existing interest in the investment account before Harry Doyle’s death, Clendening found, and ordered half of the funds released to her. However, the judge noted it would be wrong to give Jane Doyle access to all the funds. “Jane Doyle … is the trustee of the whole investment account, and she holds an undivided one-half intrest for herself and at this point an undivided one-half interest for Harry Doyle’s estate,” Clendening wrote. “To allow otherwise at this stage could result in an unjust enrichment for Jane Doyle.” Harry Doyle’s will has been disputed by Stephen Doyle, his son from a previous relationship. Furthermore, Harry Doyle’s sister – Ann Jean Doyle, who was named as the executrix of the disputed will – has her late brother’s assets frozen in the wake of the allegations against Jane Doyle.

 

Filipino police have alleged Jane Doyle and Devocion were lovers and are seeking a paternity test to determine who’s the father of Jane Doyle’s second son, who was born in Fredericton in December.
 

 

  

I hope this article helps answer some previously unresolved questions. Not having any authority in Canadian Law meant that earlier questions could not be properly resolved.   

 

 

[robert k]

Sounds reasonable on the face of it. If she had access to 1/2 of the investment account whether Harry died or not, she still has half.

It is a shame justice, whether guilty or innocent is so long delayed. If I remember correctly, one of the Parian brothers is behind bars awaiting justice and one is still wanted and at large?

Edited August 29, 2016 by robert k

[jamesmusslewhite]

On 29/08/2016 at 3:58 PM, robert k said:

Sounds reasonable on the face of it. If she had access to 1/2 of the investment account whether Harry died or not, she still has half.

It is a shame justice, whether guilty or innocent is so long delayed. If I remember correctly, one of the Parian brothers is behind bars awaiting justice and one is still wanted and at large?

Yes, the younger brother Jeffery Parian is still in Silop Prison here in Surigao City since his capture in a township further South and during a shootout with the PNP he was shot in the leg but was later transferred here to Surigao City. The driver/bodyguard Jerome Devocion is also a resident of Silop Prison. He was arrested on an arson charge which is still before the courts I believe as well as a second charge as he is believed to have stabbed and shot to death a retired PNP Major which is also before the court. There was also an attempted murder case involving him and the previous driver/bodyguard hired by the slain Canadian businessman Harry Doyle and the ruling of the presiding judge in that case was 'Not Guilty'.

Now Jeffery Parian also has two cases before the courts that I know of. One involving the murder of a local business woman and a case where he was identified as trying to shoot a Pakistani business man and his young son who was actually shot, but I do not know of their progress or outcome or if there are even more cases filed against him. Now as to his older brother Johnny Parian the last I heard anything about him was a while ago. Seems he was trying to join the NPA and they were offering his head to the PNP for a reward. The PNP had asked Harry's family to offer a reward but to my knowledge nothing ever came of that request. Now later I heard that the NPA had offered his head for a reward but only the head. So I really do not know if he is merely in hiding somewhere else and applying his trade, or if the NPA in fact took his head. I guess only time will show if he turns someplace or is never seen again to perhaps answer that question.

Now in Canada I believe Harry's assets is still in Probate as the new Will is being contested. And the court case here is still in limbo as the presiding judge retired and a new judge has not been approved and posted. I could be wrong but I believe the holdup has something to do with appointments being approved and assigned by the Philippine Supreme Court at least that is the way I understood it. When the judge is appointed and a hearing date is assigned I will post it here on the thread. I apologize for not responding to your question earlier but I have not looked at this thread since my last posting. I have not seen any new news articles nor any new updates so I had no real reason to checkup on the thread.  

Edited October 16, 2016 by jamesmusslewhite

[robert k]

1 hour ago, jamesmusslewhite said:

Yes, the younger brother Jeffery Parian is still in Silop Prison here in Surigao City since his capture in a township further South and during a shootout with the PNP he was shot in the leg but was later transferred here to Surigao City. The driver/bodyguard Jerome Devocion is also a resident of Silop Prison. He was arrested on an arson charge which is still before the courts I believe as well as a second charge as he is believed to have stabbed and shot to death a retired PNP Major which is also before the court. There was also an attempted murder case involving him and the previous driver/bodyguard hired by the slain Canadian businessman Harry Doyle and the ruling of the presiding judge in that case was 'Not Guilty'.

Now Jeffery Parian also has two cases before the courts that I know of. One involving the murder of a local business woman and a case where he was identified as trying to shoot a Pakistani business man and his young son who was actually shot, but I do not know of their progress or outcome or if there are even more cases filed against him. Now as to his older brother Johnny Parian the last I heard anything about him was a while ago. Seems he was trying to join the NPA and they were offering his head to the PNP for a reward. The PNP had asked Harry's family to offer a reward but to my knowledge nothing ever came of that request. Now later I heard that the NPA had offered his head for a reward but only the head. So I really do not know if he is merely in hiding somewhere else and applying his trade, or if the NPA in fact took his head. I guess only time will show if he turns someplace or is never seen again to perhaps answer that question.

Now in Canada I believe Harry's assets is still in Probate as the new Will is being contested. And the court case here is still in limbo as the presiding judge retired and a new judge has not been approved and posted. I could be wrong but I believe the holdup has something to do with appointments being approved and assigned by the Philippine Supreme Court at least that is the way I understood it. When the judge is appointed and a hearing date is assigned I will post it here on the thread. I apologize for not responding to your question earlier but I have not looked at this thread since my last posting. I have not seen any new news articles now any new updates so I had no real reason to checkup on the thread.  

James, you are a very busy man. I knew you would reply with whatever information you had when there was some available so no apology needed. Thanks.

Interesting thought that Johnny Parian may be making a useful contribution to the world as fertilizer. If I were the family I would pay the reward for the head if it were not too great just so I would know.

[johnbarley]

This thread really turned upside down. Started off with Filipino police bashing but as things progress they are looking pretty competent, fair, and appear to have common sense. On the other hand, the Canadian police seem ridiculous.

[jamesmusslewhite]

Sorry for the small print. It was sent to via email as a PDF and I was unable to convert it to text. Simply click the image with your mouse and then use your magnification feature. 

Edited November 25, 2016 by jamesmusslewhite

[jamesmusslewhite]

On 26/10/2016 at 1:16 AM, johnbarley said:

This thread really turned upside down. Started off with Filipino police bashing but as things progress they are looking pretty competent, fair, and appear to have common sense. On the other hand, the Canadian police seem ridiculous.

Well to be fair with Canada their hands have been partially tied. Past acts of their judiciary may have been problematic. Examples could be the fact that even though the murdered man was a Canadian citizen and his wife was not, the fact is Canadian authorities could not get active in the investigation at first because the spouse had not signed a release for disclosure document. And even though the PNP here in the Philippines were requesting a DNA test done on the new born it was never honored. This fact has been a hindrance during the trial as it could have help establish a motive in the murder of the Canadian citizen.

The Canadian authorities in Fredericton, N.B. really have not been allowed to monitor or conduct surveillance on the spouse now living in Canada, most likely due to previous rulings of Canadian courts.

Canada refused the INTERPOL Red Notice for the Philippines yet recently honored as INTERPOL Red Notice of an European country. This was probably due to some silly tit-for-tat interference of the Legislative branch citing some past law or court ruling allowing petty politics to effect the case.

Canada then has a rigorous protocol as to how documents from the Philippines must follow when presenting an extradition request, and the Philippines is fully aware that all previous extraditions request to return Philippine citizens have been refused; which slows down the process for the Philippine authorities.

This is how I personally even got involved in the case. I started this thread the evening I heard that Harry had been murdered, along with four other expat forums, and it was through these threads that members of Harry's family searched me out using facebook, and asked me to help them get information as the case progressed. As I had reliable internet, printer, scanner and fluent in English and could easily transfer documents it made it easier for Harry's family. I was asked by Harry's sisters to help them find council to represent them here and I did 

Then the family, the PNP investigators and legal council were able to communicate with each other and I was really not needed at that point. As it should be. But the fact is it was the family rather than the Canadian authorities that initiated the assistance to the PNP investigators. I can only presume this is due to past decisions made within the judiciary. And after all the sacrifices made by the prosecution witnesses here, the dedicated work done by the PNP, the professionalism of the legal council and the tireless efforts of the Doyle family this could be all for not; if the extradition courts so chooses to simply refuse the extradition request base on some past judiciary decision. Then the spouse will most likely earn her Canadian citizenship, get all of Harry's assets and never face the charges; and if guilty, would have probably pulled off the perfect crime and live free of any possible prosecution. Because that is the law?