No way of ‘adjudicating facts’ in Crown deals with corrupt firms: judge
When Philippines businessman Rizalino Espino was named as a participant in a bribery scandal involving a Canadian company, he assumed his day in court meant that a judge would hear him out and weigh his version of the facts.A judge in Quebec wrote in May that there was “no possibility of adjudicating facts” in the case, in which the court approved a remediation agreement between federal prosecutors and a Quebec forensic technology firm that did business for years in the Philippines.
“Even if one acknowledges responsibility, usually there is an effort to spin as positively as possible.” But Espino said he was a victim and a whistleblower who put an end to Ultra’s corrupt scheme, and didn’t provide bribes to the Puno brothers or anyone else. “The procedure is bipartite. There is no possibility of adjudicating facts. In principle, an agreed statement of facts cannot be unsettled based on the possible existence of contradictory evidence.”
David, who called Espino’s claims a “curveball” in the December 2022 hearing, is only the second judge tasked with approving a remediation agreement since they were added to the Criminal Code in 2018. Stéphane Hould, the prosecution service’s remediation agreement coordinator, declined to comment on the case but pointed to Crown submissions depicting Espino as an admitted “participant” in the bribery scheme, which ran from 2006 to 2018.
Judge David ultimately agreed, finding he couldn’t reject the agreement because Concept Dynamics failed to demonstrate that the prosecutors or Ultra Electronics had “wilfully” misled the court.
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