Canadian court saves Javier slay 'mastermind' from deportation
A fugitive wanted for the murder of former Antique Governor Evelio Javier has again evaded deportation after a Canadian court ordered a hearing on his bid to be granted refugee status.
In a 35-page order dated October 15 and posted at its website (http://decisions.fct-cf.gc.ca/en/2007/2007fc1050/2007fc1050.html), the Federal Court of Canada (FCC) set aside the decision of the Immigration and Refugee Board (IRB) that rejected for the second time the application for refugee status of Rodolfo Pacificador.
The decision penned by Justice Yves de Montigny also ordered the holding of another refugee hearing by a different panel of the IRB on the grounds that the Board failed to consider that Pacificador could face risk of a "lengthy and arbitrary detention" and "a serious possibility or reasonable chance he will be tortured or mistreated" in the Philippines.
Pacificador, 51, is among the principal accused in Javierfs murder who remain at large.
Javier, then 43, was gunned down in broad daylight on Feb. 11, 1986 by heavily armed men at the public plaza during the canvassing of votes of the snap presidential elections. Four bystanders were injured.
The slain governor was then a leader of the opposition against the Marcos Dictatorship. Pacificador along with his father, former assemblyman Arturo Pacificador, were staunch Marcos allies.
Witnesses had testified that Rodolfo met with Eduardo Iran alias Boy Muslim, the alleged leader of Javierfs gunmen, before and after Javier was gunned down. Rodolfo allegedly also gave money, food and shelter to Iran for the use of the gunmen after the shooting.
In Oct. 12, 2004 the Antique Regional Trial Court Branch 12, acquitted Arturo Pacificador and three other accused. The court, however, found the elder Pacificador's lawyer Avelino Javellana and seven others, mostly security men of the former assemblyman, guilty of Javier's murder.
In the decision issued by Judge Rudy Castrojas, the Antique RTC said the younger Pacificador had a key role in the planning and implementation of Javierfs killing.
Castrojas had said in his order that based on testimonies by prosecution witnesses, Rodolfo gran the affairs, so to speak..."
Based on the evidence on record, it appears that (Rodolfo) was the mastermind (of Javier's killing)," Castrojas had said in an interview.
Rodolfo fled to Canada shortly after Javier's murder passing through Thailand, Hong Kong, Singapore and the United States before arriving in Canada on September 29, 1987. He claimed refugee status at the port of entry in Niagara Falls.
He was detained for seven years until he was freed on bail in 1998.
On Oct. 19, 1996, the Canadian Justice Ministry ordered his extradition to the Philippines but the order was reversed by the Ontario Court of Appeal on Aug 1, 2002 on the ground that the Philippines could not guarantee him a fair and speedy trial.
The Canadian Supreme Court affirmed the rejection of the petition in February 2003.
The IRB has twice rejected Pacificador's application for refugee because it said Pacificador was neither a refugee nor a person in need of protection, according to the FCC order.
It rejected Pacificador's arguments that he would not get a fair trial in Philippine courts and would face political persecution and could be "extra-judicially executed."
The Board had pointed out that his father was even acquitted of the charges and that the trial "was conducted in accordance with the rules of natural justice."
It also pointed out that none of the accused in Javier's murder had been extra-judicially executed and there has never been an attempt on the elder Pacificador's life.
The former assemblyman has resumed practicing law and is president of the Antique chapter of the Integrated Bar of the Philippines. He ran but lost for governor of Antique in the May 14 elections.
But in reversing the decision of the IRB, Justice De Montigny said the acquittal of the elder Pacificador is not "sufficient to conclude that there is not a reasonable chance or serious possibility that the applicant (Rodolfo Pacificador) will not be persecuted were he to be returned."
Montigny said the IRB erred in assessing whether Pacificador has a well-founded fear of persecution by limiting the comparison of his situation with that of his father and the other accused in the Javier murder trial.
"The Board also made a reviewable error in finding that the applicant does not face risk due to a lengthy and arbitrary detention, and that there is not a serious possibility or reasonable chance he will be tortured or mistreated," said Montigny in his decision.