Know The Law Or Face 20 Years

[Jollygoodfellow]

Just shows you need to know the law and never count on anyone to bail you out. Read the last line and thank our countries for their attitude towards their citizens. I understand that they can not help with the way laws work in other countries but you would think they would set up some sort of loan for him to get him out.

 

Christchurch man fears 20 years in Philippines jail

 

A Christchurch man detained in a Philippines prison for over a year says he needs only $5000 to avoid languishing in jail for the next 20 years.

Vernon Wayne Gardiner, who has been in Virac Jail for 16 months, was arrested after failing to find a job in New Zealand for a Filipino man, Joseph Diwata, who paid him just under $5000 as a placement fee.

The 66-year-old former Anglican priest was told by his lawyer that the illegal-recruitment charges could see him face up to a 20-year jail sentence.

He said his career as a priest in Australia was derailed by marital issues.

Gardiner, who moved to the Philippines in 2009, said he had previously lined up a job in Christchurch for the man, but it fell through because of the September 2010 earthquake.

The immigration and recruitment agent, who operated his own business in Christchurch, says he did not realise he was required to have a licence to recruit people for jobs in New Zealand.

An agreement was reached in court that the charges would be dropped and Gardiner released if he paid Diwata back the amount he charged.

Gardiner said he had spent most of the money on living expenses.

The New Zealand embassy in Manila contacted Gardiner's estranged sister, who Gardiner said he had not seen in 30 years, to see if she could bail him out.

She said she was not in a financial position to help. Appeals to other friends also failed.

"I've exhausted all the people that I know of. Nobody has really been able to help me," Gardiner said.

He said he had written letters pleading to the New Zealand embassy in Manila, Prime Minister John Key, Deputy Prime Minister Bill English, Minister of Justice Judith Collins, Minister of Foreign Affairs and Trade Murray McCully and Minister of Immigration Nathan Guy for help.

He was shocked when all could offer no assistance as he was overseas.

He said he was told that if he was given financial assistance it would set a "precedent" for other Kiwis in the same situation overseas.

 

"I just thought they might have some compassion. I wasn't asking for a handout; I was asking for a loan that I'd pay back with interest," he said.

Gardiner, who began losing hope of ever leaving the prison, went on a hunger strike in October and again in December last year.

"I wanted to end my life. I saw no future. I'm 66. If I'm going to have to do 20 years in jail I'm not going to do it, I'd rather die," he said.

Judge Lelu Contreras is advocating on his behalf. She has even been lending him her books.

"I'm really surprised. I've never heard of this before, a judge being the way that she is bending over backwards to help my cause,'' he said.

''She also comes out to visit me at the jail. She talks to other inmates as well. I've never heard of a judge visiting a jail and visiting inmates before."

Guards in the prison who learnt of his situation buy him lotto tickets.

"Because that's the only hope I have left," Gardiner said.

His cellmates have also reached out to him, including sharing food given to them by visitors.

"I don't have any complaints. They're very kind to me," Gardiner said of his treatment in the prison.

Contreras has appealed to the New Zealand Government on his behalf for a loan.

"He is not a hardened criminal,'' she said. ''He may even be a victim of circumstances. That is why he was not able to find a job for the private complainant.

"I hope your Government will have a soft heart for him.

"I do not want any of my detainees to die in jail ... worse still, dying because of hunger strike," she wrote in her correspondence.

However, the consular support officer at the New Zealand embassy in Manila, Neville Garven, who has since left, replied that it was the policy of the New Zealand Government not to extend financial assistance to New Zealanders overseas.

"Assistance cannot be provided while he is living outside New Zealand," he said.

A spokesman for the Ministry of Foreign Affairs and Trade told The Press the New Zealand embassy had been providing regular consular assistance and advice to Gardiner and would continue to do so.

However, he said there were limits to the assistance consular officials could provide, and these included not paying legal fees, fines or bail.

"If New Zealanders are travelling or living in a foreign country they must comply with its laws and regulations,'' he said.

''The New Zealand Government and its officials cannot intervene in the judicial processes and law courts of other countries, just as another country cannot intervene in New Zealand's. Being a New Zealand citizen does not lead to any special treatment."

 

http://www.stuff.co.nz/the-press/news/8449211/Chch-man-fears-20-years-in-Philippines-jail

[Bruce]

I have no knowledge of recruitment fees to base a comment on other than to say that at first read, a $5,000 (USD or AU) fee for finding 1 job for 1 man in the Philippines sounds predatory. In the US, it may be based on a % of salary which actually may be greater than a $5,000 fee. But those would be through a legit head hunting organization.

 

It just seems odd that the average Pinoy has $5,000 to spend + travel expenses related to getting to the job. It must have be one hell of a job!    

[brock]

He took the mans money,,, I,m sorry but I have no pity for him.

[Jollygoodfellow]

I have no knowledge of recruitment fees to base a comment on other than to say that at first read, a $5,000 (USD or AU) fee for finding 1 job for 1 man in the Philippines sounds predatory. In the US, it may be based on a % of salary which actually may be greater than a $5,000 fee. But those would be through a legit head hunting organization.

 

It just seems odd that the average Pinoy has $5,000 to spend + travel expenses related to getting to the job. It must have be one hell of a job!    

 

I think that the way it works is a package deal, x amount to find a job,visa, flights etc etc. I think you will find that most recruitment agencies have a fee of around this figure. 

[Jollygoodfellow]

He took the mans money,,, I,m sorry but I have no pity for him.

 

 

The thing is he must have been running the business on empty if it was a real business as obviously all funds were spent if there was nothing left.

[Bruce]

I still have trouble thinking that 'all' those house maids looking for work in Daubi et al and expect pay of at best and under the new Philippines law.... $500 a month +- ??? So I do not see how they can come up with 5K. Even those new kids out of engineering school.... same questions. How? No matter how the 5k is divided up, it still ADDS up to 5K.

[i am bob]

I still have trouble thinking that 'all' those house maids looking for work in Daubi et al and expect pay of at best and under the new Philippines law.... $500 a month +- ??? So I do not see how they can come up with 5K. Even those new kids out of engineering school.... same questions. How? No matter how the 5k is divided up, it still ADDS up to 5K.

 

Regardless of how much it was, both he and the "victim" both stated it was $XXXX and the Judge is willing to let him go once he pays the "victim" back the same amount.  

[Old55]

I agree with Brock.

[FlyAway]

He took the mans money,,, I,m sorry but I have no pity for him.

And he spent it on his own needs. If there was proof he paid VISA fee's, airline tickets or something of that nature I would have a little bit of sympathy. After all chit happens.

 

But.....

 

To many people get mixed up in business and it turns around and bites them! After being burned a few times with business transactions, I sometimes wish the person could be put in jail or something as an incentive to pay up.

 

Also I cannot help but wonder if this guy has taken money from others?

[i am bob]

He took the mans money,,, I,m sorry but I have no pity for him.

And he spent it on his own needs. If there was proof he paid VISA fee's, airline tickets or something of that nature I would have a little bit of sympathy. After all chit happens.

 

But.....

 

To many people get mixed up in business and it turns around and bites them! After being burned a few times with business transactions, I sometimes wish the person could be put in jail or something as an incentive to pay up.

 

Also I cannot help but wonder if this guy has taken money from others?

 

 

I missed that the first time around - thanks!  

 

So, if he did get the guy that job that fell apart because of the earthquake, where was the Visa?  The airline ticket?

 

Nice call!  Maybe there is a bit more to this than meets the eye...

 

:thumbsup: