DOJ to appeal Canada ruling on Pacificador case

Try and try again.

The Department of Justice (DOJ) said yesterday it will appeal the decision of a Canadian court denying the Philippine government’s request for the extradition to the Philippines of Rodolfo Pacificador, one of the suspects in the February 1986 murder of former Antique Gov. Evelio Javier.

Justice Undersecretary Merceditas Gutierrez, who handles international cases for the DOJ, said that while the DOJ has not received a copy of the Canadian court’s ruling yet, "we have 60 days from receipt (of the ruling) to file an appeal."

Pacificador and his father, Arturo, a former Antique assemblyman, are among the accused in the Javier slay. They are also among the accused in the Sibalom massacre case, where seven supporters of the Pacificadors’ political rivals were ambushed and killed.

Pacificador was charged with murder, frustrated murder and four counts of attempted murder. He entered Canada and claimed status as a convention refugee in October of 1987.

Six of Pacificador’s henchmen have already been convicted for the massacre.

The Toronto Star reported on its website recently that the ruling prevented the serving of an arrest warrant that would have paved the way for Pacificador’s turnover to Philippine authorities.

Three justices of the Ontario Court of Appeals (CA) expressed fears that sending Pacificador back to the Philippines would violate his rights under the Canadian Charter of Rights and Freedoms.

The Toronto Star also quoted a portion of the ruling which held that "all evidence points to the likelihood that the extraditee would be tortured and jailed indefinitely without trial."

DOJ officials led by Undersecretary Regis Puno and Chief State Prosecutor Jovencito Zuño promised the Canadian court in September 1999 that Pacificador will be given a speedy trial upon his arrival in the Philippines once he is extradited by the Canadian government.

Pacificador was detained in Canada for seven years, from November 1991 until his release on bail in 1998.

The extradition proceedings against the younger Pacificador began in August 1991, nine months after Canada and the Philippines forged an extradition treaty on Nov. 12, 1990 – mainly with the aim of extraditing Pacificador.

Pacificador was arrested on Nov. 12, 1991 on a warrant for his arrest and extradition. Then Canadian Justice Minister Allan Rock ordered the appellant to be surrendered for extradition to the Philippines, rejecting his claims that the prosecution against him was politically motivated.

Pacificador said the Philippine government couldn’t assure him of a fair trial, adding that he would surely be convicted on the basis of political motives rather than on the merits of the case.

But the Canadian justice minister secured two assurances from the Philippine government – that Pacificador would not be meted the death penalty and that the Philippines would exert its best efforts to ensure that the appellant’s trial would be completed within a year.

After the trials against the Pacificadors and their henchmen began in 1988, the Supreme Court issued a temporary restraining order (TRO) that indefinitely halted the trials in 1989.

On Nov. 1, 1996, Pacificador filed for habeas corpus, certiorari, prohibition and relief under Section 7 of the Canadian Charter and submitted the affidavits of his co-accused and witnesses and the TRO issued by the SC as evidence.

These affidavits presented by Pacificador contain statements by his co-accused that they were subjected to torture and harassment while in custody. Witnesses against the Pacificadors were bribed and threatened, Pacificador said, and a chief of police said he was with Pacificador at the time of Javier’s killing.

On Sept. 25, 1992, the TRO was confirmed and ratified, and the SC did not lift the TRO despite appeals from Pacificador’s co-accused that it be set aside so their trial may proceed.

In March 1998, incumbent Canadian Justice Minister Anne McLellan refused to consider Rock’s decision to surrender Pacificador based on the assurance given by the Philippine government that the appellant will get a fair trial. The trial of Pacificador’s co-accused has not progressed and the accused remain in jail.

Pacificador’s lawyer, Phil Campbell, was quoted by Canada’s leading daily newspaper that his client "didn’t know if he was going home to come out, or end up on an airplane destined for the Philippines, where we believe he would be shot on the tarmac."