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Wednesday, August 29, 2007

An English lawyer has pleaded guilty to perverting the course of justice. He faked a legal judgment and sent it to a father who was pleading in Taunton family court to be able to remain involved in his child’s upbringing. The lawyer, London barrister Bruce Hyman, now awaits his sentence. The judge indicated that he could receive a prison sentence. Bruce Hyman is well-known in media circles, having produced The Hitchhiker’s Guide to the Galaxy on BBC Radio. He also produced a series with Clive Anderson, at Above the Title Productions, called Unreliable Evidence.

The father, a former City financier, had attended a series of court hearings in order to make suitable arrangements to see his child following an acrimonious divorce. Shortly before one of these hearings he received an email, ostensibly from a self-help group to which he belonged, which had attached a Court of Appeal case that appeared favourable to an application he had made for the judge to stand down from the case. The father, who was representing himself, duly showed the case to the judge. At this point, Bruce Hyman, the lawyer representing the former wife, claimed to the judge that the case was a forgery, which indeed it turned out to be.

After confirming that the self-help group had not sent him the email, the father then embarked on some detective work his own. The fraudulent email was traced via its header to a dial-up internet connection and a phone number belonging to a shop in London. The shop was able to recover CCTV footage which showed a man sending the email from an Apple laptop. The man turned out to be Bruce Hyman.

Sentencing of Hyman is due in Bristol Crown Court on the 19th of September.

Saturday, January 3, 2009

Tuesday saw Philippines President, Gloria Macapagal-Arroyo, direct Philippine Drug Enforcement Agency (PDEA) officials and Department of Justice (DOJ) Secretary Raul M. Gonzalez to investigate and charge the people involved in an alleged drug bribery attempt involving wealthy Filipino families. The president also instructed the chair of the Dangerous Drugs Board, Vicente Sotto III to keep in custody the drug suspects, the so-called ‘Alabang Boys’. This pending the DOJ‘s reinvestigation of the alleged P50-million bribe mess.

In September, Richard Santos Brodett, age 25, Jorge Jordana Joseph, age 22, and Joseph Ramirez Tecson, age 23, members of the “Alabang Boys”, were arrested in a series of buy-bust operations in Alabang, Muntinlupa City, and Cubao in Quezon City. 60 ecstasy tablets, small bags of marijuana and cocaine sachets were taken from the suspects by the drug agents. The three suspects underwent the DOJ’s preliminary investigation, but the drug case was dismissed by a draft resolution signed by 2 prosecutors from the National Prosecution Service on December 2.

In the challenged resolution, State Prosecutor John Resado, with the recommending approval of Senior State Prosecutor Philip I. Kimpo and Chief State Prosecutor Jovencito Zuño, noted that the police operatives conducted illegal arrests and unlawful warrantless searches on the vehicles of the three suspects. In addition, Joseph was “under the control of the PDEA agents without the presence of any counsel when information against respondent Tecson was extracted from him,” it added.

The PDEA has accused the suspect’s family members of attempting to pay a 50 million Philippine peso bribe to one of the DOJ prosecutors handling the drug case; in exchange the case was to be dismissed. PDEA Special Enforcement Service head Major Ferdinand Marcelino has revealed that the 50 million peso bribe offer to a DOJ prosecutor was merely the first attempt of three. The Tecson family reportedly offered him 3 million pesos which was later raised to 20 million for the release of the suspects. PDEA Legal and Prosecution Service lawyer Alvaro Lazaro affirmed Marcelino’s accusations, which, however, were all denied by the suspects’ families.

The Chief State Prosecutor, Jovencito Zuño, categorically dismissed accusations that 50 million pesos had changed hands, and that he and the prosecutors had been bribed. “It’s not true. That’s a big lie. They’re just speculating,” he said. Zuño has also alleged that the factual findings were first reviewed by state prosecutors Philip Quimpo and Misael Ladaga. The Justice Secretary has ordered the NBI to investigate not only the government prosecutors but also the PDEA.

According to PDEA chief, Ret. Gen. Dionisio Santiago, the “Alabang Boys” – Richard Santos Brodett, Jorge Jordana Joseph and Joseph Ramirez Tecson – are part of an international drug network. “This is a big group, and they use the Internet to get drugs from America. This operation may lead to a bigger one. They (Alabang Boys) are second in line. It’s hard to penetrate the second line,” Santiago explained. (DOJ) Secretary Raul M. Gonzalez on Thursday, however, has asked PDEA Director General Dionisio Santiago to submit evidence to show that money changed hands or had been paid to DOJ prosecutors handling the case amid the pending NBI probe of the matter.

Meanwhile, The Philippines Congress is set to hold Congressional hearings on the case with a view to introducing legislation. “This is a big scandal involving a government agency,” said House vice chairman of committee on illegal drugs, Representative Antonio Cuenco of Cebu City. He has said that the House of Representatives‘ probe will begin on January 5. The three suspects are still detained at the PDEA Quezon City detention centre.

The Senate of the Philippines is also set to conduct hearing on the bribery mess. According to Dangerous Drugs Board chair Vicente “Tito” Sotto III, Sen. Gregorio “Gringo” Honasan, chair of the Senate committee on Public Order and Illegal Drugs, has agreed to lead a Senate inquiry investigating the 50-million peso drug bribe.

In a related drug bust operation, La Union Rep. Tomas Dumpit said that the buy-bust in his province had a ‘similar ending.’ “That’s very possible just like the case in Naguilian, La Union where a shabu (methamphetamine hydrochloride) laboratory was discovered in Barangay Bimotobot, Naguilian, La Union worth one trillion pesos but it was dismissed by the DOJ.” In July, a “shabu” laboratory was searched by the PDEA and the local police, who discovered eight truckloads of equipment and chemicals that could produce 180,000 kilograms of the prohibited drugs. La Union Bishop Artemio Rillera has recently petitioned the President to re-open the cases. On November 12, the DoJ three-member prosecution panel dismissed the cases against former Dagupan police chief Supt. Dionicio Borromeo, four policemen and the shabu laboratory lot owner. Because of the ‘Alabang Boys’ bribery mess, President Arroyo on Tuesday, ordered the reinvestigation of the shabu laboratory case.

This is not the first time that the Philippine judiciary and government had been involved in massive corruption. In the recent GSIS-Meralco bribery case, the High Court dismissed Associate Justice Vicente Q. Roxas, punished Associate Justice Jose L. Sabio, Jr. with 2 months suspension, and reprimanded 2 other CA Justices. In September 2006, Atty. Romeo Roxas accused Justice Minita Chico-Nazario of issuing a ruling for certain considerations, and calling the Supreme Court a “dispenser of injustice”. Roxas said her decision ordering him and one Santiago Pastor to return more than 17 million Philippine pesos to Antonio de Zuzuarregui Jr. was wrong and unjust. Roxas told Nazario: to “sleep well if you still can” and that she would be judged by the “Supreme Dispenser of Justice.” Roxas was cited for indirect contempt and fined 30,000 Philippine pesos.

In April 2007, Philippine Court of Appeals then Presiding Justice Ruben Reyes has ordered an investigation and a regular auditing and inventory of temporary restraining orders (TROs) issued by the 69 CA Justices. Reyes stated: “I will order a monthly or quarterly inventory of TROs, for transparency and to watch the movements of the so-called Dirty Dozen [the 12 most corrupt CA justices].” CJ Reynato Puno said that Ombudsman Merceditas Gutierrez had not yet submitted the list and the Supreme Court was waiting for its delivery amid her formal investigation against the “Dirty Dozen.”

In September 2007, Lawyer Victor de la Serna has accused Justice Dante Tinga of accepting a 10-million bribe Philippine pesos in the Johnny Chan versus Carmelita Fudot lawsuit, regarding a land located in Doljo, Panglao, Bohol. De la Serna alleged that in the September 26, 2007 meeting, Chan, owner of Bellevue Hotel, paid Tinga 10 million Philippine pesos in exchange for a favorable decision. On September 13, 2007, Tinga penned a decision in favor of Chan’s Cattleya Land Inc., over Fudot, client of De La Serna. The court, however, upheld Tinga, and fined De La Serna 30,000 Philippine pesos for indirect contempt.

In September 2007, Justice Consuelo Ynares-Santiago has denied charges that she received 10-million Philippine pesos (US$ 224,000) bribe money (as published by The Daily Tribune, Malaya newspaper’s Amado Macasaet and Newsbreak, the previous week).

In January 2005, and December 2006, Philippines Social Weather Stations has released the results of its 2 surveys on corruption in the judiciary. It has reported that: a) “like 1995, 1/4 of lawyers said many/very many judges are corrupt. But (49%) stated that a judges received bribes, just 8% of lawyers admitted they reported the bribery, because they could not prove it. [Tables 8-9]; judges, however, said, just 7% call many/very many judges as corrupt[Tables 10-11] ;b) Judges see some corruption; proportions who said – many/very many corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari’a Court judges, 4% to Sandiganbayan justices and 2% in reference to Supreme Court justices [Table 15].”

According to the 2008 Political and Economic Risk Consultancy (PERC) report, the Philippines, Thailand, Indonesia and China are considered among the most corrupt Asian economies. “The Philippines is a sad case when it comes to corruption, and is probably no worse than in places like Indonesia and Thailand,” the report added. PERC has revealed that “the Philippines scored 9.0 out of a possible 10 points under a grading system used by PERC under which zero is the best score and 10 the worst.”

Meanwhile, the Supreme Court of the Philippines last week, has affirmed the conviction and 40 years imprisonment sentence of Zeng Wa Shui, a Chinese citizen and Maribel Lagman, his Filipino partner. On March 14, 1996, both had possession, in Angeles City, Pampanga, of more than 600 kilos of liquid shabu and more than 1,600 kilos of ephedrine hydrochloride, a main ingredient in the production of the drug.

Wednesday, February 11, 2009

American Major League Baseball third baseman Alex Rodriguez, a star player for the New York Yankees, admitted in an interview on sports network ESPN that he used performance-enhancing drugs during 2001 through 2003.

“I did take a banned substance, and for that, I’m very sorry,” Rodriguez told ESPN’s Peter Gammons. “When I arrived at Texas in 2001 I felt an enormous amount of pressure to perform.”

Last week, Sports Illustrated reported that the baseball player, nicknamed ‘A-Rod’, tested positive in 2003 for Primobolan and testosterone, two substances that have been banned by the league.

During the 2003 season, Rodriguez was playing with the Texas Rangers, and was the winner of the American League MVP Award and was American League leader in home runs. According to sources, Rodriguez was one of 104 players named on a list for testing positive before the 2003 season. The list was compiled in an attempt to determine whether the MLB needed to begin conducting random drug testing.

After the initial report Rodriguez was approached by Sports Illustrated while he was training for the upcoming season in a Miami area gym. At that time, Rodriguez told the reporter “You’ll have to talk to the union.” He was also asked for an explanation of his positive test result, to which he commented “I’m not saying anything.” According to a report by ESPN, sources claim that Rodriguez was aware that he tested positive for performance-enhancing drugs.

However, in December 2007 after United States Senator George J. Mitchell‘s Mitchell Report was released accusing such teammates of Rodriguez as Roger Clemens, Jason Giambi and Andy Pettitte of steroid use, Rodriguez appeared on ABC’s 60 Minutes and declined the use of any steroid or performance-enhancing drug. He also commented that he would not need the help of steroids, stating, “I’ve never felt overmatched on the baseball field. I felt that if I did my, my work as I’ve done since I was, you know, a rookie back in Seattle, I didn’t have a problem competing at any level.”

Senator Mitchell stated in a prepared comment yesterday that his report had only named that players that “had received credible evidence of their illegal purchase, possession, or use of performance enhancing substances.” He pointed out that he “did not have access to the results of the 2003 drug testing, and to this day I do not know which players tested positive then.”

The MLB declined to comment directly on the situation due to court orders on the list of names and documents, but did release a statement: “Information and documents relating to the results of the 2003 MLB testing program are both confidential and under seal by court orders. We are prohibited from confirming or denying any allegation about the test results of any particular player by the court orders. Anyone with knowledge of such documents who discloses their contents may be in violation of those court orders.”

Rodriguez has been one of the many prominent American baseball players over the past few years who has been linked to the use of performance-enhancing drugs. Other prominent names include both the arguably greatest hitter and pitcher in Major League Baseball history, Barry Bonds and Roger Clemens. Bonds, the all-time Major League record holder for home runs, was linked to steroid use during the BALCO scandal in 2003, while Clemens was named in the Mitchell report in December of 2007.

The executive vice president for labor relations of Major League Baseball, Rob Manfred, stated that league commissioner Bud Selig was “disturbed” by the linking of steroid use to Rodriguez. Commenting for the league, he said, “Because the survey testing that took place in 2003 was intended to be non-disciplinary and anonymous, we cannot make any comment on the accuracy of this report as it pertains to the player named.”

The report by Sports Illustrated also made the claim that Gene Orza, the COO of the Major League Baseball Players Association informed Rodriguez of a random drug test that occurred in September of 2004, a test that was supposed to remain confidential to all players. The MLBPA denied the accusations, commenting “There was no improper tipping of players in 2004 about the timing of drug tests. In September 2004 MLBPA attorneys met with certain players, but we are not able to confirm or deny the names of any players with whom we met.” When asked in the Sports Illustrated report, Orza declined to comment, stating “I’m not interested in discussing this information with you.”

The anonymous testing of players was started in 2003 by the MLB, in order to get a brief estimate of how many players were using performance-enhancing drugs, leading to the beginning of the mandatory, penalty-enforced testing that began in 2004. 1,198 players took the “survey test” in 2003, and the results were later stored in a laboratory in Las Vegas, with codes being used in place of the players names. However, a list of the players actual names that went with the list of codes was kept in a separate office in Long Beach, never intended to ever be together with the codes.

In April 2004, federal agents with search warrants raided the two labs looking for information on the 2003 BALCO scandal test results of 10 players, including Barry Bonds. While searching, they found both the list of names and the codes, including the positive test result of Rodriguez. Following the investigation and raid, the MLBPA informed all 104 players on the list that their positive test data had been sized by the federal agents.

Former Major League Baseball star and self-confessed steroid user José Canseco told the media that the news was old, saying “I said in my book Vindicated that he was a known steroid user before 2000. It’s old news. I’ve been saying this forever. You guys are playing catch-up.” In the book, Canseco links Rodriguez to steroids through the claim that he saw him using the drugs. In his first book, Juiced, references to Rodriguez were removed by the publisher of the book because it could not be confirmed that Canseco actually saw Rodriguez taking steroids. According to the publisher, it was only after Canseco passed a lie detector test that information about Rodriguez was allowed into Vindicated.

Current senior advisor to the Texas Rangers John Hart commented on the situation in an interview with MLB Network. “I think in the climate that we have today, you don’t have much shock anymore. Obviously Alex probably is the best player in baseball. This has always been a special talent and the guy has been putting up Hall of Fame numbers since the day he showed up in the big leagues. I’ve been in the game for almost 40 years and it hurts a little bit, if in fact this is true. It breaks my heart for the game that we have this kind of thing occurring, But at the same time, a lot of people seem to have been caught in this net,” he said.

Since the positive test occurred in 2003 before penalties were instituted, Rodriguez will most likely not be suspended by the MLB as a result of the situation.