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

Canadian Prisoner in Mexico 'Hanging By a Thread' After Latest Case Delay
email this pageprint this pageemail usCharles Rusnell - edmontonjournal.com
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'We can't tell our courts what to do,' spokesman says in case of Brenda Martin

Ottawa Must Help Get Brenda Martin Out of Mexican Jail, Her Supporters Say

Harper Urged to Intervene in Martin Case

Canadian Detainee in Mexico Hospitalized

Canadian Prisoner in Mexico 'Hanging By a Thread' After Latest Case Delay

No Decision on Canadian in Mexican Jail

Mexican Judge May Rule on Legality of Case Against Jailed Canadian Woman

Canadian Jailed in Mexico Placed on Suicide Watch

Supporters Losing Hope for Jailed Canadian
 
Brenda Martin sobbed uncontrollably and warned her life was "hanging by a thread" after hearing Friday that Mexican authorities had again reneged on a promise to rule on the case that's kept her in a Mexican prison for two years without trial.

Mexico's Foreign Affairs Department had told lawyers for the 51-year-old Ontario woman that a decision would be rendered Friday on an application to have all the charges against her thrown out because of claims her legal and human rights have been breached.

But Mexican embassy officials in Ottawa said no decision would be made Friday, adding they had no idea when a ruling might be made.

"We can't tell our courts what to do," embassy spokesman Rodolfo Diaz said Friday.

He said an earlier report in which he stated that Mexican federal law required a decision Friday was a "misunderstanding."

But an email obtained by the Edmonton Journal shows Mexican Foreign Minister Patricia Espinosa promised Canada's secretary of state for consular affairs, Helena Guergis, that a decision on Martin's case would be made Friday.

The email, from a member of Guergis's staff to Martin's lawyer, Guillermo Cruz Rico of Toronto, was sent Feb. 22.

"Have you heard anything from your contacts about the possible decision for the amparo (constitutional challenge)? We are rapidly approaching the two month deadline i.e. March 7, 2008 noted in the letter from Secretary Espinosa to Secretary of State Guergis," the e-mail states.

The native of Trenton, Ont., has been behind bars in Guadalajara, charged with money laundering and criminal conspiracy, since 2006. She has not been convicted of the charges.

Her lawyers argue Mexican authorities never provided Martin with a translator during the police investigation or during the court process. They also contend her rights have been violated because she is being held in a jail with convicted criminals, which contradicts a UN agreement on the treatment of prisoners.

Martin, physically weak and mentally exhausted, was placed on suicide watch earlier this week by prison authorities. She has threatened to kill herself if no judgment was made Friday.

"I'm hanging by a thread,"Martin said in an interview with Canwest News Service from prison. Crying uncontrollably and barely able to speak, Martin said her "life is at stake" and she's "going crazy."

"I'm scared, Iwant to go home," she sobbed. "Why are they being so cruel and not giving a decision?"

Despite being on heavy medication, Martin said, she's unable to sleep and has nightmares.

"I'm not even capable of even getting out of bed some days. I just lay in bed and cry, all I do is cry."

Martin's supporters, and Liberal consular affairs critic Dan McTeague, have repeatedly called on Guergis to issue a formal diplomatic note to Mexico demanding the release of Martin because of the violations of her rights.

Guergis, meanwhile, dismissed McTeague as an "ambulance chaser" out to "score cheap political points" off Martin's plight.

She said the Mexican ambassador has clarified to her what she said she already knew: that March 7 was not a firm deadline.

"It's a judicial process, remember," she said. "We can't say when the judge is going to do it because we don't know."

She said she's aware Martin is on a suicide watch, and her office has asked for a visit confirming she's going to have all the medical attention that she needs.

"We have assured that she has the medical attention and we made the request to ensure she has the doctors again go in to see her."

Guergis said Friday a number of diplomatic notes had already been sent to Mexico.

"I'm prepared to do whatever I have to do to get Ms. Martin home," she said.

Martin was employed as a chef for a former Alberta resident, Alyn Richard Waage, in Puerto Vallarta for 10 months in 2001. Waage was operating an Internet fraud scheme at the time.

He was eventually arrested and is serving a 10-year sentence in a U.S. jail.

Five years after Waage's arrest, Martin was charged with money laundering and being part of a criminal conspiracy.

Although Waage has provided a sworn affidavit stating Martin had no involvement or knowledge of his operations, she has remained in jail since Feb. 17, 2006.

Martin's childhood friend, Deb Tieleman, said she spoke with the Mexican ambassador to Canada, Emilio Goicoechea Luna, on Friday.

Tieleman, a businesswoman in Waterloo, Ont., said the ambassador is as frustrated as anyone that the courts in Mexico will not expedite Martin's case.

"He said there will be no decision today and he said they have no idea when a decision will come down," Tieleman said.

"He said there is a federal prosecutor who refuses to let go of the case. If that is the case, Canada needs to issue a diplomatic note with the strongest possible language so that the case is taken away from the courts and is decided diplomatically by the two governments."

"I have been told that the courts in Mexico are closed today, so there is no way a ruling could have been issued today."

"So Guergis dropped the ball again and Brenda is the one who is has to continue to suffer in prison."

crusnell(at)thejournal.canwest.com - mfitzpatrick(at)cns.canwest.com - with files from Global National and Canwest News Service



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the included information for research and educational purposes • m3 © 2008 BanderasNews ® all rights reserved • carpe aestus