Australian detained without trial since 2013 faces further delays to justice

incarcerated without trial
Troy, Birthisel, who can see no end to his plight after being locked up without trial since 2013.

After spending his sixth Christmas incarcerated without trial in a Cebu prison, an Australian has seen his next two court dates postponed.

Troy Birthisel, aged 50, from Queensland, was arrested at Cebu Airport in October 2013 on suspicion of human trafficking and illegal recruitment of workers — crimes that can potentially carry a life sentence.

Under the ‘Speedy Trial Act’, all trials in the Philippines should be completed within 180 days of arrest. Mr Birthisel has now been detained for more than 1,919 days, more than ten times this mandated timeframe.

“I’m entitled to a day in court and should I be convicted then, fine, I’ll wear that. I don’t believe I’m guilty of anything and I’ve got evidence to say that I’m not.

“I’ve actually got evidence, and they don’t even have evidence,” he said.

Today (Sunday, January 27) Mr Birthisel’s appeal page on Fundrazr has been updated to reveal the latest delays in his bid for justice. The update says: “This week, Troy was notified that his next hearing scheduled for Monday the 4th of February has been postponed, further checking identified the following scheduled date of the 4th of March to be rescheduled also. Effectively this is now 39 occasions Troy’s hearings have been postponed or rescheduled for one reason or another.

“Is the justice system in this country out of order? 

“Not only does Troy have to endure the hot, overcrowded conditions. Troy has now completed his sixth Christmas incarcerated and alone, and this month reached the milestone of 50 years of age. Hardly the celebration one would expect for such an occasion.”

As we have previously reported, the prosecution team has dropped the trafficking charge against Mr Birthisel, citing lack of evidence. 

Despite this, Mr Birthisel still has to face trial for “illegal recruitment involving economic sabotage”.

He says he was merely accompanying his girlfriend and a group of her friends to Singapore, where they had job interviews that they had arranged online.

Mr Birthisel, who is imprisoned in Lapu Lapu city jail in Cebu, insists he is an innocent victim of corrupt officials who initially attempted to extort money from him. He also says that the friends of his girlfriend were intimidated into making allegations against him and his girlfriend, who is also imprisoned.

The six women who were travelling with the pair all filed ‘affidavits of desistance’ shortly after the arrest of their friends. Four of them went on to file judicial affidavits in support of the accused couple, stating:

  • That at no time did either of the accused attempt to recruit them.
  • The group of friends had asked him to with them, as he was an experienced international traveller.
  • The arresting officer had coerced them into making a complaint against the accused by withholding their passports.

Points of evidence

Mr Birthisel said the case has seen the following points of evidence revealed:

  • The arresting officer admitted in court that he found no evidence of Mr Birthisel recruiting or being involved in a recruitment company.
  • All four of the witnesses presented against him stated in court that he never tried to recruit them at any time.
  • Four of the complainants filed judicial affidavits stating that he never tried to recruit them and that the arresting officer had coerced them into making a complaint.
  • Although his name appears at the top of the complaint form, there is no actual complaint of him engaged in any wrongdoing.
  • All six complainants signed affidavits of desistance, stating they no longer wished to pursue the case.
  • No actual evidence of him doing any wrong doing or breaking any laws was submitted against him in court during the prosecutor’s submission of witnesses.
  • The prosecutor’s case, which was based on allegation and theories, all of which were presented without evidence.
  • Not once in court did the prosecutor raise the initial lewd and slanderous allegations that were published in papers and the internet.
  • The Philippines Overseas Employment Agency (POEA)  have two process streams for employment, either using a POEA-registered company for recruitment, or Direct Hire,  where a person may locate a job and once employment contracts and country ’s are issued,  only then the person would register with the POEA.

Philippine justice system

Lengthy incarcerations of foreign suspects without trial has often prompted criticism of the Philippine justice system.

In 2016, for example, American Scott McMahon was acquitted of two rape charges after waiting five years for his day in court. In a further injustice, even after being found not guilty and released, the Bureau of Immigration demanded fees of about $5,000 for overstaying his visa.

Mr Birthisel’s Fundrazr campaign has raised about $6,000 towards a target of $15,000. The money is needed to help cover legal fees and other expenses. For more information or to donate, click here.

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