Justice delayed is justice denied, yet never give up
(republishing, copying, no restrictions)
By: Father Shay Cullen
Georges Brion is a good catholic and a delegate from Belgium to the Inter-parliamentary Union general assembly held at the Philippine Convention center at the heart of Manila during the first week April. What happened to him on April 5 was the scandal of the week and dominated the Manila editorials and the conference.
Here in Manila, the 112th Assembly discussed the horrific situation of the world where atrocities, mass starvation, injustice and human rights violations abound. They urged their various parliaments around the world to pass legislation to uphold every persons right to justice a fair trial, prevent war crimes, bring violators to justice and end impunity of corrupt police and military who are violators themselves.
What happened to Georges, assistant secretary general of the parliament of Belgium, brought everybody back to the reality outside the air-conditioned halls of the convention center.
Being a simple down to earth man, he took a motorised tricycle to Mass early Tuesday morning with no police escort or the like. God he rightly believed is not impressed with political pomp and ceremony, but that was his undoing. The tricycle driver took him to as isolated alleyway, beat him, robbed him and left him. Good Filipinos, who abound, came to help him. Police made an arrest and Brion was able to identify him at once from a line up of 15 tricycle drivers the next day.
By Friday no less, Mallari was arraigned at the Regional Trial Court (RTC) Branch 118 before Judge Pedro Corales. He was found guilty by the "positive identification" made by Brion and the evidence of the police who had traced Mallari as the suspect. In just four days Mallari was sentenced to four years and twenty days in prison. Swift justice indeed.
Look for a moment at a few of the many legal complaints the Preda Charity for abused Children is bringing against their obnoxious rapists.
Take the case of Angela (not her real name) raped four times by her stepfather, rejected by her mother and denied justice until the Preda charity took up her case and gave her residential care therapy and legal help in March, 2001. Every blocking tactic was allowed by the judge at the Quezon City Regional Trial Court to prevent her from testifying. 3 years later, in January 2003, she was intimidated by unrestrained defence council to force her to give up the fight. Angela was traumatised again and again but bravely persisted. Now 4 years later we are still with her and her dedicated lawyer fighting on for justice.
There is the case of Linda (not her real name) sexually assaulted at 13 by a well-connected neighbour. He is still roaming about the neighbourhood despite an arrest warrant out for him. The charge against him was filed in the Regional Trial Court of on March 02, 1998.
The defence lawyer, a former judge, was able to delay most hearings. Linda was only allowed to testify on March 19, 2003, five years after the case went to court. There was so much intimidation and trauma here that we had to get the case transferred to a family court. Still more delays and now 7 years later, with Linda, we fight on for children's rights and still no justice.
At Easter 1996 while holding a non-violent peaceful picket in Olongapo City against the erection of dangerous electric cables close to the children's home I was attacked, beaten up, brutally handcuffed from behind by four cowardly Olongapo Police, then I was brought to police by the superintendent himself and before several witnesses who made "positive identification" including a Columban priest.
I was kicked and punched together with my brave companion Lowell Maglaqui thrown into a police van head bouncing against the floor. In the police jail I was interrogated for hours while cuffed and bleeding, denied water and medical assistance. With my companion Lowell, I filed charges against the police and it was blocked for 7 years until June 19, 2003.
Then mysteriously the court called us to new hearings. Hurray! justice at last! We thought. This time, the presiding judge was the Hon. Maria Elisa Sempio Diy. The police superintendent we learned was going for promotion and early retirement but had to clear the case first. Hence, the new hearings.
We still had the evidence and most of the witnesses who had clearly identified the accused. As one witness after another began to give powerful eyewitness testimony, suddenly, the judge said it was unnecessary to hear all the witnesses. Even those who had seen and witnessed the brutal beatings were not allowed to be presented by the prosecution.
To our amazement there was no defence hearings just a denial by the accused. Then came the bombshell verdict quicker than imagined, case dismissed and the police were all cleared in an instant.
What was alleged against the accused was not proven beyond reasonable doubt the courts decision said. The evidence of eyewitnesses identifying the accused who beat me up before an audience was insufficient evidence - case dismissed.
Now we are concentrating on having our eyes tested and learning to apply the legal skills of how to sew and stitch up our long delayed cases against the child rapists. Judges Pedro Corales and Maria Elisa Sempio Diy should be promoted to the Family court, that is where they are needed most. (End)
