It’s final: Canada won’t extradite Pacificador

The Philippines has lost its bid to have Rodolfo Pacificador extradited from Canada to face trial for the murder of former Antique governor Evelio Javier in 1986 after the Canadian Supreme Court rejected with finality the government’s appeal for his turnover.

In an "extremely urgent" memorandum to the Department of Foreign Affairs (DFA), the Philippine Embassy in Ottawa said the High Court of Canada denied the application for leave to appeal Pacificador’s case filed by the Canadian justice department.

Ambassador to Ottawa Francisco Benedicto said he was informed by Thomas Beveridge, general counsel and director of the International Assistance Group of Canada’s DOJ, about the Canadian SC ruling.

"Mr. Beveridge (said) that this decision of the Supreme Court of Canada effectively ends the extradition proceedings against Pacificador," Benedicto said in his Feb. 20 memorandum.

Acting Foreign Affairs Secretary Lauro Baja Jr. said this also means that Pacificador will remain in Canada.

Baja said the Supreme Court did not find sufficient evidence from the Philippine government to give in to its request.

On Aug. 1, 2002, Canada’s Court of Appeals denied the petition to extradite Pacificador as it assailed the country’s snail-paced judicial process, which would only violate the fugitive’s rights if he were to be turned over to Philippine authorities.

In a decision written by Canadian Justice Robert Sharpe, the appeals court said it was apparent that the Philippine high court, "the very institution to which the appellant would have to look for protection from delay and political manipulation and interference, is the cause of the unconscionable delay in proceeding with the prosecution."