Canadian Citizen Killed In Surigao City

[jamesmusslewhite]

Article in 3 parts:

 

Edited October 25, 2015 by jamesmusslewhite

[jamesmusslewhite]

A2 section to the article above: The above article is actually in 4 parts, not in 3 as I posted above

[HarryBeatMeAtTennis]

Hanging is too good for these lowlifes

[jamesmusslewhite]

Update and request:

 

I attended the hearings this November 10th and 11th and here is an update on events.

 

Atty. Casurra has been in Manila hospital most of last month where they removed a stage-one lump from this throat and he had to spend a week in radiation treatments but is presently on medication treatment. It was good they caught it early before it had time to progress to a later stage. Though he had only returned to Surigao City from Manila the day before the November, 10 hearing, he looked strong and his color was good.

 

Prosecution Atty. Casurra still has two State witnesses to take the stand and be cross-examined before the Prosecution can rest their case, then hearing dates scheduled so that the defense attorneys can present their first witnesses. One if the State witnesses is the PNP doctor who actually performed the autopsy on Harry and retrieved the .22 and 9mm slugs from the body of Harry Doyle which were then sent to Camp Crome, Manila of  ballistics testing. The second State witness is the PNP Colonel who performed those ballistic tests. Both are witnesses are crucial to the case as the doctor can verify the types and number of slugs that he removed and also to the exact location where these slugs were removed, and to the number of entry and exit wounds. The doctor can also use his medical expertise to adequately answer any medical questions presented by the lawyer or Judge and also the extent of internal wounds and actual cause of death. The other witness can give her expertise as how the ballistic tests were conducted and how she determined the calibers of the slugs, possible weapon types and if in fact any slugs actually matched 9mm pistol found in Jeffery Parian possession at the time of his arrest. I was also told that this 9mm pistol also matched at least one slug retrieved in another murder case involving a Buenavista business woman.

 

November, 10 hearing: I had mentioned in the last update that the lawyer paid to represent Jerome Devocion and asked they the Judge step down from this case due to Atty. Zerda's opinion that the Judge was bias. The Judge informed Atty. Zerda that he could file a request to have him removed. Well It appears that the request Atty. Zerda was supposed to submit to have the Judge removed from the proceedings did not go as he had planned as the same Judge was there to bang the starting gavel. the doctor was not in the courtroom to take the stand to testify, even though the court had previously issued him a subpoena. Atty. Casurra requested that an emergency subpoena be issued to appear the following day (November, 12). A police officer was task with traveling down to Butuan City to personally issue the emergency subpoena.

 

November, 11 hearing: Atty. Casurra had to inform the Judge the Doctor would as not able to appear this day due to duty obligations. There are few PNP coroners serving the Caraga region so they are under a heavy work load. Atty. Casurra told the Judge he had actually talked to the Doctor this morning and that the doctor try to travel up from Butuan City tomorrow morning (November 12) to testify. The next available new hearing date to the scheduled would be in mid February 2016. There is a November, 25 hearing date scheduled for the PNP Colonel testimony but that would be difficult to present two witness and the defense cross. Though there was no previous November, 12 hearing date scheduled for this case the court docket was checked and the Judge felt there could possibly be time to present the doctor. Defense Atty.Zerda informed the judge that he would be unable to appear on November 12 and therefor would not be able to conduct a cross. The Judge said the Doctor could appear for the November, 25 hearing so he can conduct his cross. This satisfied Atty. Zerda and the arrangement was made for November 12.

 

November, 12 hearing: Atty Casurra had to request a second call. The doctor was being held up due to heavy congestion on the roadway between Butuan City and Surigao City (note: there is only one roadway connecting the two cities and most of the roadway it two-lane). The doctor did appear but due to time if the cross being conducted by a defense lawyer in a drug case it was determined that insufficient time would remain for the doctor to take the stand. The judge once again checked the docket and scheduled an additional afternoon hearing for November 25. So on November, 25 the PNP Colonel who conducted the ballistic test will take the stand in the morning, and the Doctor who conducted the autopsy will take the stand in the afternoon. Next update then.

[HarryBeatMeAtTennis]

I feel the tension

Good account James thank you

[jamesmusslewhite]

Update:

Yesterday November 25 there were two hearings scheduled.  The PNP officer who conducted the ballistics testing appear before the judge and was able to verify the official document of the ballistic report which had previously been entered as evidence and marked as exhibits in the court records. The PNP doctor who conducted the autopsy on Harry Doyle was unable to appear so a new hearing date is scheduled for February 19, 2016. The PNP doctor is the last prosecution witness to take the stand, after which the prosecution rests and hearing dates will be scheduled for the first of the defense witnesses to be presented.

Edited November 26, 2015 by jamesmusslewhite

[Jake]

Update:

Yesterday November 25 there were two hearings scheduled.  The PNP officer who conducted the ballistics testing appear before the judge and was able to verify the official document of the ballistic report which had previously been entered as evidence and marked as exhibits in the court records. The PNP doctor who conducted the autopsy on Harry Doyle was unable to appear so a new hearing date is scheduled for February 19, 2016. The PNP doctor is the last prosecution witness to take the stand, after which the prosecution rests and hearing dates will be scheduled for the first of the defense witnesses to be presented.

Thanks for the update Gunny!  Believe it or not, I think this case is progressing well.  As compared to the other capital cases that are waiting to be heard, appealed or some witnesses somehow disappeared or paid off.  

 

As always, watch your six.......respectfully -- Jake

Edited November 26, 2015 by Jake

[HarryBeatMeAtTennis]

Hello James

I hope all is well with you and yours.

Would there be anything further on this that you can share?

Thanks

Bruce

[jamesmusslewhite]

On 3/3/2016 at 2:05 AM, HarryBeatMeAtTennis said:

Hello James

I hope all is well with you and yours.

Would there be anything further on this that you can share?

Thanks

Bruce

Not much at this time. A Canadian news crew was here last week conducting interviews for a Canadian TV news program which should air during the second week of April. I will link the news clip when it airs.

The case is on hold because the judge presiding over this case has retired. I was told the replacement judge is a new appointee and they are waiting for the Supreme Court approval. Once approved and posted they will then schedule the next hearing dates. I will post any new information as it comes available.

[mogo51]

On 10/25/2015 at 1:32 PM, jamesmusslewhite said:

A2 section to the article above: The above article is actually in 4 parts, not in 3 as I posted above

Can't get any to open but the Interpol report and other information is very damning to say the least.

Whilst I have no experience with Philippine Police procedures, I have seen it here in Thailand and would imagine it is no better.  To call them Police is rather flattering.  If they are anything like Thai Police (and I am sure they are), they are like poker machines - won't work unless you put money in them.