‘mr. Silva Will Not Be Present Today’
Hamilton Spectator
“He had a responsibility to attend today.” That’s what assistant Crown attorney Carey Lee advised the court on May 9 when Father Jose Silva, facing one count of sexual assault, failed to appear. What the justice of the peace wasn’t told, a transcript of the proceedings reveals, was that Crown and defence lawyers had taken a number of steps to ensure Silva boarded a flight to Brazil five days earlier. Defence counsel Dean Paquette said the Crown’s office played a role in obtaining the priest’s passport — which had been surrendered to Hamilton police as a bail condition — and in making sure border services officers didn’t block Silva from leaving the country. The only condition Lee sought in return, he said, was that a countrywide warrant be issued for Silva’s arrest to prevent him from ever returning. By ensuring Silva was not present on May 9, the Crown and Paquette paved the way for justice of the peace Neil Burgess to issue such a warrant. The deal is now under review by the Ministry of the Attorney General. Silva, a native of Brazil, spent two years at St. Mary’s Roman Catholic Church on Park Street North, where he was a popular parish priest. The charge was laid last September following a complaint to police by an 18-year-old musician who alleged he was assaulted in the priest’s residence. Paquette had acted on Silva’s behalf for prior court appearances. But Paquette had that special designation removed on April 26. The move was significant and deliberate. It meant Silva would have to be present for all future court dates. The transcript of his scheduled May 9 appearance reveals Silva was a no-show. “Mr. Silva will not be present today and we’re jointly requesting a warrant to issue,” Paquette told Burgess. “Do you want to tell me why?” Burgess asked. “He is in Brazil,” Paquette answered. Lee advised the court that Silva was obligated to attend his last court appearance in person after Paquette’s designation was retracted. “He had a responsibility to attend today,” Lee said. “All right, thank you. There will be a warrant to issue for his arrest …” Burgess said. Paquette said he initially sought to have the charge against Silva withdrawn, but Lee refused. The prosecutor would only agree to allow Silva to leave if a countrywide warrant was put in place. This way if Silva were to return, he’d face arrest and prosecution. Making sure the warrant was issued was just one hurdle Paquette and Lee faced as part of the unusual resolution. Paquette said he had to apply for a bail variance, with the consent of the Crown, to obtain Silva’s passport from police. Hamilton police spokesperson Catherine Martin confirmed Silva’s passport had been seized as a bail requirement. It could only have been returned with the agreement of the Crown attorney’s office, she said. But there was another potential hitch. Paquette said the Crown had to enlist the aid of the Canada Border Services Agency. The reason was the Crown’s office did not want border officers to run a background police check on Silva at Pearson Airport that would reveal the prospective passenger faced a sexual assault charge in Hamilton. With that in place, the Canada Border Services Agency did not prevent Silva from boarding the 11:50 p.m. flight to Sao Paulo on May 4. Lee had one other request, Paquette said. He wanted to see a copy of Silva’s plane ticket. Paquette said he complied. Paquette said he called a source in Brazil on May 10, who confirmed Silva was in that country. As part of the deal, Paquette said, the Crown’s office agreed it would not seek forfeiture of the $3,500 promissory note posted for Silva’s bail. That note was posted by Dundas resident Marcus Soares — a parishioner of St. Mary’s and a member of the Hamilton Portuguese community. Lee is on a six-month sabbatical and could not be reached. The Hamilton Crown Attorney’s office has referred all queries to the Ministry of the Attorney General. Ministry spokesperson Brendan Crawley said he would not comment on the case until the investigation is complete. Contact: kpeters@thespec.com 905-526-3388
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