• The injustice of it all

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    What is the state of justice in the Philippines? Has corruption eroded the once noble profession? Is justice really for sale? There are just and honest judges, lawyers and prosecutors but many more are corrupt bribe takers. A Judge in Olongapo City was suspended recently for allegedly taking bribes and dismissing cases against child rapists. The Supreme Court administrators have acted against many more corrupt judges.

    Justice for the poor is rare. Last 22 May, the horrific story of the alleged murder, sexual abuse, torture with electric shock and severe physical beating of an 11 year-old girl and her companion Miriam was reported here. (Children of the garbage Pit, www.preda.org and Preda Facebook)

    It was last April 5, Holy Week, when Chastity Mirabilis, the 11 year-old street child and her friend, 11 year old (call her Miriam) were kicked awake on the pavement where they were sleeping.

    They, the throw away children of Cebu, were thrown in a police car and brought to the police station. There, allegedly they suffered sexual abuse, torture and brutality to amuse and gratify the sexual urges of the police at the Fuente police station.

    The next day Chastity and Miriam were thrown out of the police station and soon after Chastity died from her wounds, the brutal beatings and the electric shock given to her. Marian survived but is traumatized. But she was still able to give a graphic testimony as to what had happened. It is a chilling tale of police corruption and barbarity. Is there any justice for them? The good cops must clean up their ranks.

    Many more street children are being abused and put in cells with male adult prisoners and are abused. It’s all illegal, but the police put themselves above the law and can accuse and frame up anybody.

    This brings to mind the case where an unfortunate Irishman Eanna O’Cochlain, visiting Laoag, Ilocos Norte – where his wife is from – is the long suffering victim of an alleged cruel frame up in July 2013. He was suddenly detained, searched (without just cause) at the Laoag airport and lo and behold after a quick search two sticks of marijuana were allegedly “found.” He was charged with Criminal Case No.15585-13 at the Regional Trial Court Branch13 in Laoag. His passport was taken illegally, some say.

    The unfortunate Eanna O’Cochlain traveler and tourist claims the so-called evidence was planted. It could happen to anyone, it’s so common. So tourists beware, you have been warned. Even the sex bars have undercover police waiting to pounce. (YouTube, The Raid ABC NY and Children of the Sex Trade).

    Two Laoag policemen threatened Eanna constantly with 25 years in prison while waiting for a big payoff that never came. So they were peeved, the prosecutor was peeved and warned Mr. O’Cochlain of grave consequences.

    He was unjustly jailed and went on hunger strike, a man willing to die for his belief in justice. So he had to borrow another 250,000 pesos when they quickly granted bail so he would not die behind bars and create an international outrage.

    Eanna O’Cochlain is a man of courage and is a highly trained well-respected psychiatric nurse who believes in honesty, his innocence and that justice would be done. He paid off no one but borrowed 200,000 pesos to pay his lawyers with the prestigious name Agbayani Agustine Leonador & Vallestero. They charged 1,000 pesos every time they appeared in the courtroom, took the 200,000 pesos as fees and expenses and no pay off was made.

    So with mercy and compassion put aside, Justice Philip G. Salvador, Regional Trial Court Branch 13 in Laoag, burning with passion for the law and zealously protecting the public from the evils of two sticks of marijuana slapped the full force of the draconian law on the hapless Eanna.

    He gave a full 12-year prison sentence in a stinking, filthy Philippine jail for two sticks of marijuana, which had miraculously appeared in the hands of the searching cops that day of infamy in July 2013. That sentence is international news and is rocking the tourist world. Let it be known that many a police officer and most teenagers smoke grass daily all over the Philippines. Even the children of the wealthy elites and the elites themselves perhaps use it.

    I know it as I managed a drug rehabilitation center for 18 years in the Philippines and helped youth in conflict with the unjust and harsh law. Even today, 8-year-olds are jailed without any trial, even though it is illegal to jail a child.

    Such is the sickness of the Philippine justice system that there is no balance, no sense in the judgment. It’s cruel and harsh and one wonders why it is this way. Is someone somewhere still waiting for something? Twelve years in prison for what is a misdemeanor in most courts in the civilized world and possession and sale now legal in many US States.

    It’s long past the time for the Philippines to clean up its justice system and catch up with reality. The congress needs to change that draconian law that makes the Filipinos look ridiculous, cruel and uncaring. It is a law that has been used to condemn many young people, destroy their lives, burden them with a criminal record for life and now the law, used in this way, destroys the reputation and good name of an innocent man.

    The judiciary does not think of that terrible consequence of the conviction because of two joints that were more than likely planted in the first place. Twelve years is a near death sentence since Philippine prisons are death cells of disease for prisoners.

    It’s time for the Irish Government and international community to take a stand for justice for abused children and innocent tourists. We all pray that the court of Appeals will follow the light of true justice and exonerate Eanna O’Cochlain a just man, a victim of an unjust system.

    shaycullen@preda.org

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    9 Comments

    1. justice delayed is justice denied. I am now waiting two years now for justice, stranded in the Philippines on my own, missing my mother, brother and sisters funerals whilst the Appeals court gives no indication as to when a decision might be expected.
      Two years alone with a sentence of 12 years hanging over my head, my Philipino wife and my daughters life destroyed and for what?…an alleged 0.38 grams of a virtually harmless substance that has not one recorded death associated with it in all of medical history. The law has caused more damage, destroying lives and my own unblemished nursing career.
      My heart goes out to the family of Chastity Mirabilis, this unfortunate innocent. May God grant her peace and her family justice. I cannot imagine the pain or the barbarism of those who did this sickening crime.

    2. michael hegarty on

      i would like to thank father shay cullen for the work that he does out in the philippines . if only the filipino people knew how many times the filipino police have tried to set him up on false charges .

      this article that father shay cullen wrote is truly a eye opener . any police officer in the philippines that accepts bribes , turns a blind eye to crime is just as guilty . to think that a 11 year old child that slept on the streets was picked up by the police and raped . is the uniform that the filipino police wear , is it now a uniform of dishonour , shame . i am a from europe watch this case in this father shay cullens article . who are the cowards that did this to this child . this 11 old child in the street that was raped by the police is my child , she is your daughter , she is your grand child . people who believe in justice must start asking questions about who raped this child or these corrupt police will go on to do it again and again .
      ref the situation of the irish man eanna . 22 months now he has been stuck in the philippines now knowing when his case is due . he is still to this day been shaking down by police for money . i strongly believe in the very heart and soul of the philippines and its people . father shay cullen at great risk to himself put this article out in the media and on the internet . all it takes for evil to win is for people to sit back and do nothing . i call on all people who read this article of father shay cullen to stand up with him and have your voice heard . stand up and seek justice for that 11 year old street child that was raped and died as a result .forward the article onto your friends via email . let us all stand together on this .

      ref the irish man eanna he is been stitched up left right and centre . go onto the website http://www.bringeannahome.com and sign his petition . leave a mesage of support for him and leave him know that the hard and honest working people of the philippines stand with him . send this article onto your elected government officals and ask them what are they doing . i myself am sending this article to every member of the european parliment and to the american government .
      i say no to corruption in the philippines . i seek justice for eanna and justice for a street child that corrupt police raped . until the rapist of that child is brought to justice , as far as i am concerned the uniform of the police is one of dishonour .
      a lot of honest hard working filipino police have been killed in the line of duty , and yet here you have corrupt police who stitch up people from the west for money and think nothing of raping children . people of honour , people of justice , to the very heart of the filipino nation who is going to stand up and raise questions .
      i welcome your comments .

      michael hegarty

    3. This is a story that is so revolting to read.

      Where are the HONEST LAWYERS? What is the bar association, The Integrated Bar of the Philippines doing to clean up these crooked lawyers, judges, police officers and to simply clean up the LAW PROFESSION?

      I am so sad that the country has gone down the pit of corruption and there seems to be no end to this. God help us.

      • I understand that you are revolted by this but I Eanna am still stuck here and I appeal directly to you to spread my story and let as many people as possible see the injustice of it all.
        One person a nurse of 27 years practice is sentenced to virtual life in prison by contaminated chain of evidence and the others alleged murders of an innocent defenseless street child goes without justice and punishment being meted out to these officers sworn to Defend and serve. Where is natural justice ?Good Filipinos DO something about both these unjust cases.

    4. arthur keefe on

      What a sickening tale of corruption and cruelty, state sanctioned. It appalls me, but also makes me fearful fearful of continuing to live in my adopted country. At least I have a choice (as no doubt my critics will point out), but what about the poor Filipinos who get caught up in this?

    5. I fully agree with this call to cleanse our justice system because it is sooooooo corrupt. But for the Irish government to kelp, honestly I doubt it because their approval of same sex marriage is much worse than corruption in our justice system. They made legal what is intrinsically evil. We the Filipino sovereign people should be the ones to cleanse our corrupt justice system.

      • michael hegarty on

        in reply to rey quijada .
        as a irish person who is married to a filipino and proud to call my two boys filipino irish i would like to say the following .
        quote ” But for the Irish government to kelp, honestly I doubt it because their approval of same sex marriage is much worse than corruption in our justice system. ” if anything i am very proud that the people of ireland voted yes to same sex marraige . in all countries at the very heart of the law it says all people are equal . i do not judge people for what they are . even the current pope said ” who am i to judge gay people ”
        getting back to the article from father shay cullen . there is very good filipino people out there but where is the justice for that 11 year old child . its very bad when a child has to sleep rough on a street but when the police pick up a defenceless child on the side of a street a rape the child and the child dies , where now is your justice system .
        ref the case of the irish man eanna ” http://www.bringeannahome.com ” here is another case of police corruption . they claimed they found a joint in his luggage . but why have they not done any DNA tests to prove it was his . like it or not the eyes of the world are on this article and been raised now on radio stations around the world . the police are a law on to themselves out in the philippines . mr rey quijada i have been out in the philippines and my wife has shown me both the good and the bad out in the philippines . the irish man eanna has asked 22 simple questions that the filipino justice system cannot answer . what have they got to hide .
        quote ” They made legal what is intrinsically evil. We the Filipino sovereign people should be the ones to cleanse our corrupt justice system ”

        in responce take a look at father shay cullens work out in the philippines at his web site .
        http://www.preda.org/

        tell me now how corrupt the philippines is now . the very police that took a oat of honesty and loyality to the people of the philippines are the very ones braking it . yes i do accept there is honest filipino police out there .

    6. Amnata Pundit on

      What happened to the promises of the EDSA ? Was it really the good guys who took over in that revolution?

      • Some good guys were involved, but the corrupt, like Cory Aquino, took the power.
        Doy Laurel settled for the vice presidency, because the political mafia that helped kick out Marcos said Cory was a better image to use, but Doy will still run the country (never happened). The rest is a sad history.