Deal Lets Priest Charged with Sex Assault Flee to Brazil
By Ken Peters
The Ministry of the Attorney General plans to investigate a deal struck by a Hamilton Crown prosecutor that allowed a Roman Catholic priest charged with sexual assault to leave the country without facing prosecution. The ministry acknowledged the agreement permitted Reverend Jose Silva to return to his native Brazil on condition that he not return to Canada. "This is not common practice and we will look into this matter further," ministry spokesperson Brendan Crawley said in an email Tuesday night. Prominent defence lawyer Dean Paquette said his client left Hamilton in early May as part of a resolution he negotiated with assistant Crown attorney Carey Lee. Silva had spent two years at St. Mary's Roman Catholic Church on Park Street North. The popular parish priest was charged Sept. 22, 2011, with sexual assault following a complaint by an 18-year-old musician. The teen told police he was assaulted in the priest's residence at the church during a festival Sept. 18. Silva was released on $3,500 bail and made a number of court appearances. Crawley acknowledged a bench warrant has been issued for Silva. He added the complainant was consulted. "As part of the agreement, he (Silva) will be prosecuted if he returns to Canada," Crawley noted. Paquette told The Spectator the Crown wanted assurances Silva would not come back. When Silva didn't appear at his scheduled May 9 court appearance, the bench warrant was issued. The Canada-wide warrant would only be executed and the sexual assault charge would proceed should Silva return to Canada, Paquette said. "If he never comes back, he will never be arrested," Paquette said. Lee is on a six-month sabbatical and was not available for comment. Crown attorney Tim Power is on vacation and could not be reached. Deputy Crown attorney Tony Leitch said he could offer little comment since the matter is still before the courts. "I can't speak to the perceived resolution of the case without jeopardizing the fair trial rights if the accused should face a trial in Canada," Leitch said. He said the Hamilton Crown attorney's office has no plans to attempt to have Silva extradited. "It is my understanding a warrant for an arrest has been issued for Mr. Silva if he returns to the country," Leitch said. "If he is arrested on a Canada-wide warrant, he will be returned to Hamilton for a full prosecution of the offence." Leitch referred all other questions to Crawley, the ministry spokesperson. Shortly after Silva's arrest, the Diocese of Hamilton announced he had resigned. It issued a statement saying Silva had "indicated that he no longer wishes to remain in pastoral ministry in this country" and wanted to return to Brazil. Paquette acknowledged the deal is unusual. But he said the circumstances of the case would have necessitated a trial and his client had no intention of pleading guilty. He added the nature of the alleged sexual assault was on the low end in terms of seriousness and Silva was "a man of the cloth" and would be deemed a person of good character. Paquette said it was his understanding that, as part of the negotiation, the $3,500 bail promise would not be subject to forfeiture. Bail was posted by Marcus Soares of Dundas, who declined to comment when contacted by The Spectator. Silva's bail conditions required him to live with Soares, surrender his passport to police and check in with them periodically, and not communicate with the complainant, whose identity is shielded by a publication ban. Paquette said talks with the Crown began because Silva's visa and passport were expiring, which would have presented a hurdle to his intentions to return to Brazil. Paquette said he took steps to obtain a valid passport for his client. "I proposed a disposition that would permit him to return to Brazil on the understanding he would never return to Canada as a means of diverting this from the judicial system," Paquette said. Leitch said a pretrial conference was heard before Ontario Court Justice Fred Campling on Jan. 25 to deal with issues such as the possible length of a trial. A trial date was ultimately set for July 20. When asked about the rarity of this case, Leitch would only say: "I don't remember any other priest leaving the country facing a charge in Hamilton." The Hamilton diocese was aware Silva had returned to Brazil, spokesperson Pam Aleman confirmed Tuesday. She said Pastor Octavio Cidadao took over at St. Mary's church, effective July 8. Business administrator John O'Brien said the diocese learned of Silva's resolution just one day prior to his scheduled May 9 court appearance. He said the diocese was not consulted, nor did it have any input into the legal arrangement. Senior church leadership was also told, but no official announcement was made to the 500-family, predominately Portuguese congregation. O'Brien, who said the diocese paid a portion of Silva's legal bill, added the priest's bishop in Brazil was advised by the diocese of the nature of the criminal charge he faces in Canada. Contact: kpeters@thespec.com
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