Judge’s remarks upset Filipinos

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This article was published 27/04/2005 (7646 days ago), so information in it may no longer be current.

A Winnipeg judge has questioned the commitment to justice shown by some members of the local Filipino community after five of six accused killers walked free because of major problems with the Crown’s case.

Provincial court Judge Charles Rubin’s comments later prompted Filipino leaders to warn the judge it’s unjust to make generalizations based on race.

Only one man will be held accountable for the May 2002 beating death of St. John’s High School student Johndrick Tan outside a downtown city bar. Thanh Soulaed Phan pleaded guilty to manslaughter and was sentenced to three years in prison yesterday under a joint recommendation from Crown and defence lawyers.

Numerous Filipino witnesses originally described a savage group attack on Tan, who was simply coming to the rescue of a friend in trouble.

Yet of the dozen or so witnesses expected to testify about the killing, not one was willing to point fingers when called to give evidence at the preliminary hearing for the six accused last year. Several witnesses didn’t show up, while others changed their stories or claimed they had “amnesia” and could not remember that night.

“What we had here was a pack mentality, almost as bad as jackals attacking their prey. It was totally cowardly behaviour. This was as outrageous and brutal a case as any I’ve had to deal with,” Rubin said.

“But what is very disappointing is there were liars who came before the court, and people prepared to lie, and people who claimed they had amnesia. It was disappointing from the standpoint of justice that representatives of an entire community were in that courtroom and cognizant of what was taking place.”

The judge appeared to be referring to the accused and the witnesses, along with extended family and friends who filled the courtroom during the preliminary hearing.

Crown attorney John Barr said yesterday even Phan would have walked free if not for a paramedic and transit driver who were able to identity him.

“It’s unfortunate when communities within our communities have that kind of response, but I’ve seen it several times while sitting as a judge,” said Rubin.

“It’s a reflection of that community, rightly or wrongly, to the public who takes it as a reflection of their commitment to justice.”

Many leaders of Manitoba’s Filipino community had not heard Rubin’s indictment and declined to comment last night. Others cautioned the judge.

Rev. Pastor Fred Sebastian, of the Filipino Alliance Church, said his community is law-abiding and respectful of the justice system.

“That’s not right,” Sebastian said of Rubin’s comments. “It’s wrong to make a generalization about all of the Filipinos just because of the actions of a few people. Filipinos love justice and we love justice to prevail, and we don’t condone unlawful acts.”

Linda Cantiveros, editor of the Filipino Journal, agreed that Rubin’s comments were essentially unfair, but also acknowledged that this incident does not shed a positive light on the Filipino community.

Cantiveros said there are strong indications of more behind this story that might explain the actions of the witnesses.

‘Own safety’

“Perhaps they were concerned about their own safety,” said Cantiveros. “It could be that someone prevailed upon them to keep quiet so that others may not be incriminated.”

The Filipino community will have to come together in coming days to find out what really happened in this tragic case, Cantiveros said.

“Either way, this is not a good reflection of our community,” she said. “When this is in the news tomorrow, I would certainly call it to the attention of the elders in our community to find out what happened.”

The judge compared this case to a recent story in the Free Press that documented how residents of a southern Manitoba native reserve gave the silent treatment to a woman’s 1968 killing, in some cases waiting decades to come forward with their story.

“Events like these are truly tragic,” he said.

This is not Rubin’s first brush with controversy after making frank comments from the bench. In July 2000, he attracted national attention for calling a mugging victim an “idiot” for walking on a downtown street with loose cash in his hand.

Tan, 19, was attacked during a large brawl outside Vertigo, a now-defunct bar that was located at 291 Bannatyne Ave. He suffered major head injuries and died in hospital.

Tan was trying to help his friend, who got into a fight with several men and quickly found himself outnumbered and overpowered.

“The only person who showed any courage that night was Johndrick Tan. He was likely the smallest guy there, and he paid the ultimate price,” said Barr.

“Courage isn’t a word I’d use to describe anyone else involved in this case.”

The Crown stayed charges against Gerald Aguilar, Aaron Puzon Cruz, Terrance Joevic Ramos, Jomar Velasco and his brother, Jonathan Velasco.

Under yesterday’s joint recommendation, Phan will serve another 31 months in prison, in addition to credit for five months already spent in pre-trial custody.

Tan’s parents also expressed their anger with the reluctant witnesses, including many who were so-called friends of the victim.

“They are very disappointed, and that’s as mildly as I can put it,” said Barr, who was reading from a written victim impact statement.

“Every minute of every moment I miss my son so much,” Tan’s father said in his statement yesterday.

mike.mcintyre@freepress.mb.ca