Don't Say It cannot happen to me "!

[ginapeterb]

Old case that should sober all of us visiting British husbands up forever !

I have been researching around the net today about the misuse of mission warrants, and the absolute travesty of justice that can take place in the Philippines, I found one case that paticularly high lights my concerns about falling foul of a disgruntled relative, or an embittered former husband, boyfriend or someone who is envious and jealous of you as a foreigner or your wife and her status since she married you.

This case I will paste in really does show the concern about the Philippines justice system which is quite frightening if you find yourself on the wrong side of it.

Just look at this:

Briton leaves Philippines after escape from death row

A BRITISH businessman who faced death by lethal injection in the Philippines after being accused of raping his 12-year-old step- daughter arrived back in Britain yesterday after his conviction was quashed.
Albert Wilson, 48, of Dover in Kent, was released from the Munginlupa National Penitentiary on the advice of the Philippines solicitor general, after an appeal to the supreme court.


Mr Wilson, a property developer, arrived at Heathrow Airport yesterday morning with his common-law Filipina wife, Vicky Delistan.

His British solicitor, Andrew McCooey, who met them at the airport, said: "Mr Wilson is extremely relieved to be back and thanks God that being Christmas he has finally been granted his freedom."



The solicitor, who represents Britons on death row abroad, said the first he knew of his client's release was a telephone call from Alan Collins, the British ambassador to the Philippines, asking him if he could meet Mr Wilson and Ms Delistan at Heathrow.

Mr McCooey said: "He was the first Westerner to be sentenced to death in the Philippines and he has now been found unanimously not guilty." He said being on death row was not an idle threat. "He wrote to me a lot saying `They are executing people here all the time'."

Mr Wilson has always pleaded his innocence, saying his step- daughter was pressured to bring the allegation in an extortion attempt by her natural father.

Ms Delistan, who went into hiding when she faced charges of acting as an accomplice, never believed the claim. But Mr Wilson was convicted in 1996 by a single judge and sentenced to death two years later.
Steven Jakobi, of Fair Trials Abroad, which took up Mr Wilson's case two years ago, said: "We are delighted Mr Wilson is home as this was one of the most serious miscarriages of justice in South-east Asia that we were concerned with."

My first thoughts on reading of this case seem to follow the same theme as a post I made earlier today about the upside down world of Filipino Justice.

Mr Wilson was incarcerated on the say so of his young step daughter, I presume she was DNA's with a SAK, (Sexual assault Kit), one wonders about this ?

He had vermently denied the allegation, and yet he still ended up in prison on death row after being sentenced to death by a single judge, hence my reasoning about the merits of a trial by jury system here in the UK, where the case would have undoubtedly been dismissed by the CPS.

But it was later found to be unsafe, after the child admitted her estranged Father had put her up to make the false allegation.

This sub culture of lies and false allegations seems to be a habitual risk that foreigners face in the Philippines, when they are far too close to young women.

My wife always cautions me when in the Philippines "Do not become too over friendly with young girls, even innocently"

Because what we may feel is innocent, may be used against us in an extortion racket, to obtain a huge amount of money in pay off's in this case Mr Wilson was released and returned home with his common law Filipino wife.

However, its worth pointing out, that it could so easily happen to any of us, we must be on our guard, the temptation for disgruntled employees, i.e. maids, gardeners, relatives, or any other person who seeks to extort by making false allegations, unlike in the UK where the evidence must be whiter than white, it appears the Philippines justice system bares scant regard for the rights of the accused, and innocent until proven by a jury of ones peers, does not seem to be the order of the day.

[Piamed]

Absolutely incredible! I must confess, I was unaware that da Phils even practised capital punishment (legally I mean). Thanks for the info Pete, certainly reminds us of how vulnerable we are there.

Hope Gina and yourself are quite well!

[aromulus]

Thanks for bringing this to our attention, Peter.

It is imperative that on visiting overthere, we practice extreme caution in dealing with people.

The same applies for many other countries where the justice system is still in its neanderthal stage, or where poverty is rampant.

Before Jet was due to get her Family permit, one of her female cousins, driven by jealousy, made some unfounded allegations against her, which were thrown out by the intelligent thinking barangay captain. He realized it was a scam and if he heard anything more about it, he would report them to the NBI.
To be on the safe side, only Jet's mother and father were told of the visa application progress.
When the time came for her to leave, neighbours that saw her getting in the taxi with the luggage, were told that she was going to Manila for work....

So the point I am trying to make is that, yes, foreigners are at risk from all sorts of shakedowns, but also their Asawas are not immune to this sort of thing.

[Mrs Daddy]

OH! Golly gush I have never heard that story beforeits quite scary if Mr.Wilson really is not guilty the philippine judge in particular owe Mr.Wison an apology.It never happen often and Hopefully it will not happen again

[joebloggs]

It never happen often and Hopefully it will not happen again

One of the reasons as to why human rights groups oppose the death penalty is because of the weaknesses and imperfections of the Philippine justice system. This is very much evident in the review of death penalty cases made by the Supreme Court from 1995 to 1999. Two out of every three death sentences handed down by the local courts were found to be erroneous by the Supreme Court.

Out of the 959 inmates the SC reviewed 175 cases involving 200 inmates from 1995 to 1999; 3 cases were reviewed in 1995, 8 in 1996, 8 in 1997, 38 in 1998, 118 in 1999.

Of these 175 cases, the SC affirmed with finality and first affirmation only 31% or 54 cases involving 60 inmates. Of these cases 24 were affirmed with finality, while the remaining 36 were given first affirmation.

Sixty nine percent (69%) or 121 cases were either modified, acquitted or remanded for retrial. Eighty four (84) cases involving 95 inmates were modified to reclusion perpetua, 10 cases involving 11 inmates were modified to indeterminate penalty, 11 cases involving 11 inmates were remanded to lower court for retrial and 16 cases involving 23 inmates were acquitted by the SC..

and

The Philippine justice system is so imperfect that it is often tipped against the poor and marginalized sectors of society. Because they are poor, majority of the death convicts could not even afford to hire private lawyers so that in most cases conviction is most likely to occur.

Nineteen ninety eight data form the Catholic Bishops conference of the Philippines showed that more than half of the convicts earned less than the government mandated minimum wage.

In a survey conducted among 425 convicts in 1998, 105 or 24.7% were agricultural workers, 103 were construction workers, 73 were transport workers, and 42 were in workers in sales and services. Only 6% finished college while 32.4 % finished various levels of high school while the remaining did not go to school or have finished only elementary or vocational education.

from http://www.philsol.nl/A00a/Pahra-deathpenalty-mar00.htm

would the phils gov excute a european or an american thou

[Mrs Daddy]

Its so sad but trueand who`s to blameless fortunate people are always the victim

[Jay&Zobel]

Money did talk again...

[keithAngel]

So in a case like this what clearly needs to happen is the complete unavailability of the false witnesses forever then not only will the case fall for lack of evidence but scamming kanos might become considered a dangerous pass-time, an eye for an eye anyone

[aromulus]

So in a case like this what clearly needs to happen is the complete unavailability of the false witnesses forever then not only will the case fall for lack of evidence but scamming kanos might become considered a dangerous pass-time, an eye for an eye anyone

You mean, make them an offer they cant refuse....???

Enter Marlon Brando...........

[keithAngel]

Being from the land of understatement I would be a tad peeved if someone tried to put me through those particular hoops a few grand in the right hands would be very satisfying

[fred]

Don't Say It cannot happen to me "!

I find this all very strange given that GMA abolished the death penalty in June 2006!!

[Sim11UK]

I find this all very strange given that GMA abolished the death penalty in June 2006!!

I assume this is an old story, as he was convicted in 1996?

[darren-b]

I assume this is an old story, as he was convicted in 1996?

It is an old story - he was released in 1999.

[andypaul]

Death penalty or no Death Penalty.

You dont wanna spend time in a phil jail well come to think of it in any jail.

[ginapeterb]

AndyPaul, makes the point of this post, none of us would want to spend time in a Filipino hell hole cell, in a recent interview with David Scott, (The man who was said to have committed adultery with his Filipino common law partner) he made the case about Filipino prison cells.

I don't think any of us really understand at just how bad these cells are, if you have the misfortune to end up in one on the verbal or anecdotal evidence of a Filipino, that has not been tested as evidenciary in open court, you may find out just how bad one is.

David Scott said that one of the things that really hurt him, was the lack of support from the British Embassy, he also went on to say, that the British Embassy in Bangkok was worse.

He said, they would not allow his partner Cynthia to join the visa queue, they would not allow them in together, in the 4 months he was there, he said, they were un supportive, and offered little or no help, until they were more or less pushed by a campaign from his local MP Anne Snelgrove.

Yes its an old article, and the death penalty has been now surprisingly abolished, however it does not change the fact, that if you fall foul of a complainant against you, you could find yourself in one, regardless of your innocence.

I remember I had dealings with the British Embassy in Amsterdam in 1981 some 27 years ago, this happened before many of you had brought a woman into this country, I did it 27 years ago, (not my current wife) and found as a serving British soldier that I was hindered by the British Embassy in Amsterdam, when I arrived to find I could not take my then current wife through immigration in Holland, I was directed to the British Embassy in Amsterdam.

They were less than helpful, if I remember rightly, snooty, sharp and rude, in the end, I was advised by a dutch official to contact the German Embassy in Amsterdam, my treatment there was a remarkable experience, a German consular officer saw me straight away, I explained my predicament, that my wife did not have a German visa, and could not pass through the Eurozone at that time, the German consular officer, waived the usual process, said that as I was a serving soldier of the Rhine Army, he would expedite our passage through Holland and on to German territory, 3 hours later I was in my Flat in Germany.

I say again, remember David Scott's experience, remember my experience 27 years ago, do not expect very much help from the British Embassy if you are held up in a Filipino prison cell or detention centre of the BOI, And if the recent fiasco at Suvarnabhumi airport is anything to go by, you can expect more of the same, recent reports suggest, the Australians have got their people out, the Austrians have been to get their people out, President Gloria Macapagal Arroyo, has ordered Philippine Airlines and Cebu Pacific to send planes to take out the stranded Filipino's and what are our people told to do ?


SIT TIGHT !


British Embassies abroad, not good enough - Foreign and Commonwealth office, not good enough = SHAME ON YOU.

[ginapeterb]

I find this all very strange given that GMA abolished the death penalty in June 2006!!

Fred, whilst capital punishment has been abolished, the object of my post was to show that innocent British can be imprisoned or held in detention on the say so, of very poor verbal evidence, if an allegation is made against you, you can be arrested and held for a considerable period, it is not like the UK, where you must be charged within a certain period, its not a situation you would want to find yourself in.