Deal Allows Priest Accused of Sex Assault to Flee to Brazil

CHCH
July 10, 2012

http://chch.com/index.php/home/item/8845-deal-allows-priest-accused-of-sex-assault-to-flee-to-brazil

[with video]

Updated Father Jose Silva, the Roman Catholic priest charged with sexual assault last fall, is now a free man back in his native Brazil.

According to his attorney, it comes as result of a deal struck between prosecutors and the defence.

Father Silva had been a priest at St Mary's Church on Park Street North since 2009. In September was charged with sexual assault and received bail a few days later. One of the conditions was that he hand over his passport to Hamilton Police.

Tonight CHCH News has been informed by his attorney, Dean Paquette, that Father Silva's passport was returned by the Crown as part of a deal which would see Silva leave for his native Brazil, never to return.

The alleged incident took place during a courtyard party outside of the church. The accuser, an 18 year old man, alleges that he was sexually assaulted at a house just down the road from the party.

A few days later Father Silva was arrested and charged with one count of sexual assault. He was granted bail under a surety.

We learned recently that the parisoners at St Mary's had been informed that Father Silva is back in Brazil with his family. Today we went to the home of his surety, Marcus Soaros. Mr Soaros did not wish to appear on camera but he informed us that Father Silva had his passport returned by the Crown and flew to Brazil on May 4th.

Speaking with Silva's defence later in the day CHCH News learned of the deal. The terms according to Silva's lawyer are that the Crown would return Silva's passport and allow him to leave the country. Silva would then miss his next court appearance which resulted in a Canada-wide warrant being issued for his arrest. That was put in place to ensure father Silva would not return to canada.

Late this afternoon CHCH News spoke with John O'Brien of the Hamilton diocese, who says the diocese was informed of the deal but did not take part in the negotiations.

CHCH News has been in contact with the Crown's office but they have yet to respond to my request. We will continue to follow this story in order to find out why this deal was made, and if the Crown did so with the blessing of the victim.