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Puerto Vallarta News NetworkNews Around the Republic of Mexico | March 2008 

Mexico Defends Court's Autonomy as Pressure Grows to Free Jailed Canadian
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Canada's Foreign Affairs Department sent its own diplomatic note to Mexico last week articulating its concerns for Martin, 51.
 
Mexico is defending the "autonomy and independence" of its courts as Ottawa turns up the pressure to free a Canadian woman imprisoned in Guadalajara for more than two years.

In a diplomatic note to Ottawa obtained by The Canadian Press, the Mexican government attempted last weekend to allay concerns about the treatment of Brenda Martin of Trenton, Ont.

Mexico also affirmed its desire to let its judicial system handle the case, free from interference, as officials from both countries hold "intense bilateral dialogue" over the woman's plight.

"The government of Mexico reiterates its interest in and commitment to seeing the case resolved through the proper legal channels, ever respectful of the autonomy and independence of the judicial branch of government," the note says.

Canada's Foreign Affairs Department sent its own diplomatic note to Mexico last week articulating its concerns for Martin, 51.

Mexico responded that Martin has been given full access to the Canadian consulate in Jalisco state, and added authorities have kept a close eye on her well-being.

"The rights afforded Ms. Martin under Mexican law and the international legal instruments are being respected, and will continue to be respected, during the judicial proceedings in progress," the note says.

Liberal MP Dan McTeague said Martin has been interrogated without the presence of her lawyer and held in custody with Mexican nationals - in violation of international treaties that stipulate foreigners must be segregated.

"No one is questioning the independence of the Mexican judiciary," said McTeague, the party's consular affairs critic.

"What we're questioning is the result and the lack of due process in that system and the failure to protect her rights under Mexican law."

He's calling on the Conservative government to recall Canada's ambassador to Mexico if it doesn't free Martin.

In recent days, Canada has ramped up talks with Mexico over Martin's case. Prime Minister Stephen Harper called Mexican President Felipe Calderon on Monday to discuss the issue.

Harper reportedly told Calderon that he planned to send MP Jason Kenney, the minister responsible for multiculturalism, to visit Martin.

A spokeswoman from the Prime Minister's Office wouldn't say what else the two men spoke about.

Foreign Affairs Minister Maxime Bernier also broached the issue Monday with his Mexican counterpart during a trip to Washington.

Despite the recent push from Canada, the Mexican judge in charge of Martin's criminal case told the CBC he hasn't faced pressure from his own government to hand down a quick verdict.

Justice Luis Nunez Sandoval said he'll render his decision before the end of May.

The Mexican Consulate in Toronto also released a statement Monday saying Mexican officials expect the case "to be concluded shortly."

Martin has been detained for more than two years without trial on allegations of money laundering and participating in a criminal conspiracy in connection with an investment scam involving her former boss, Alyn Waage.

Waage bilked 15,000 investors of nearly US$60 million. He was sentenced in 2005 to 10 years in a U.S. federal prison.

Waage employed Martin as a chef in Puerto Vallarta for 10 months in 2001, while he was operating the Internet fraud scheme.

He has sworn an affidavit claiming she knew nothing of the scam.

Martin wasn't charged until five years after Waage's arrest. She maintains her innocence, and has threatened to kill herself if she's not released.

Martin's longtime friend, Debra Tieleman, worries the distraught woman may take her own life if Canadian officials don't succeed in freeing her.

"Brenda's been let down so many times that she is terrified about getting her hopes up," she said.



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