Critic: Citizens Deserve Answers in Silva Case

Hamilton Spectator
July 14, 2012

http://www.thespec.com/news/local/article/760837--critic-citizens-deserve-answers-in-silva-case

The Hamilton case of a Roman Catholic priest leaving Canada to avoid criminal prosecution of a sexual assault charge is disturbing, says the Progressive Conservative critic for the Ministry of the Attorney General.

“It’s not exactly justice served,” Sylvia Jones, MPP for Dufferin-Caledon, told The Spectator Friday.

“The Attorney General’s office has stated ‘the case is unusual, we are looking at it’ but the silence has been deafening,” Jones said.

Jones was referring to the case of Rev. Jose Silva, who was permitted to leave Canada on May 4 to return to his native Brazil. Silva was on bail at the time and a July 20 trial date had been set to resolve a Sept. 22, 2011 sex assault charge against him involving an 18-year-old male musician.

The ministry has stated there was a deal between a Hamilton Crown prosecutor and a defence counsel to permit Silva to leave. A Canada-wide warrant was put in place — but the charge would only proceed should Silva return to Canada.

“I think the people of Hamilton absolutely deserve to have an explanation of how this case was handled. The Attorney General’s office has said ‘It is unusual and we’ll get back to you.’ How did this case get to the stage of ‘If you leave the country, we will not proceed with the prosecution?’ I think that’s a reasonable question and one that has to be answered,” Jones said.

Ministry spokesperson Brendan Crawley said they did not have a comment regarding the matter as of Friday. The Hamilton Crown Attorney’s office has referred all media inquiries to the ministry.

Hamilton prosecutor Carey Lee, who was involved in the deal, is on a six-month sabbatical and is unavailable for comment.

Rob Talach, a London victims’ rights lawyer specializing in clergy abuse, said the Silva case is problematic.

“We have a guy who is accused of a serious crime. And we’re saying ‘You can leave the country and you won’t be our problem anymore.’ We can’t just fold our tent if we feel we haven’t a good chance of taking them down at trial,” he said.

Talach said the Hamilton Crown’s office needed to be aware that the Roman Catholic Church has been slow to react to its systemic issue of sexual abuse. He said the onus was on the Crown Attorney’s office to ensure the case was prosecuted to its fullest extent.

“The handling of this case is akin to giving a biker a break on a drug charge or giving the mob a break on an extortion charge. It’s completely outrageous,” he said.

Bishop Juarez Sousa of the Oeiras diocese in Brazil told The Spectator this week that Silva has been suspended for six months from his duties as a priest. He said Silva is taking therapy at Fazendo da Esperanca in Sao Paulo. He said a decision on Silva’s return to the ministry will be made at the end of the therapy session.

Monsignor Murray Kroetsch, of the Hamilton diocese, said Silva was in Hamilton for the past two years on the recommendation of his Brazilian bishop, and the local diocese had no jurisdiction over him.

Kroetsch said after Silva’s suspension is completed Sousa could suspend him permanently, preventing him from performing marriages or communion, or recommend to the Vatican that Silva be laicized, which would end his role as a clergyman.

But Kroetsch said the final decision on a laicization would rest with the Vatican, after a process that could take months to complete.

Defence counsel Dean Paquette, who represented Silva, said his client has suffered consequences as a result of being charged with a criminal offence. Paquette said Silva resigned immediately from the Hamilton diocese and from the period of Sept. 23 to May 4 was prohibited from performing religious functions in Ontario.

Paquette noted Silva’s arrest received widespread media publicity. He said Silva, who had no criminal record, had planned to plead not guilty in connection with the alleged sexual assault, which involved inappropriate touching of an adult, not a child.

In the event of a conviction, Paquette said, the priest likely would have received a suspended sentence and probation, or a short jail stay in the 30-day range.

“He didn’t avoid a huge penalty,” said Paquette, who has defended the deal. While conceding the resolution was unusual, he says there was nothing improper about it.

Contact: kpeters@thespec.com

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