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The Embassy of Mexico in Canada releases an update on Brenda Martin´s case:
Press Release
Ottawa,ON. April 3rd, 2008
UPDATE ON THE CASE OF BRENDA KIM MARTIN
In regard to recent articles and statements published by the Canadian media regarding the background, current situation and possible legal alternatives in the case of Brenda Kim Martin, as well as in attention to frequent questions and requests from the public, the Embassy of Mexico wishes to state the following:
1. Ms. Brenda Kim Martin was apprehended in Mexico in February 2006 in compliance with an arrest warrant issued three years earlier by a federal judge. Since then she has been subject to criminal proceedings.
2. The Embassy reiterates that the crime with which Ms. Martin has been charged is considered a “serious” crime under Mexican law, and as such the benefit of release under bail does not apply in her case. Additionally, it should be noted that co-defendant Rebecca Roth, of American nationality, has also not been released on bail.
3. It is inaccurate to say that Ms. Martin has spent “over two years in prison without a trial.” The trial is in progress and a sentence is pending. Ms. Martin has at all times had access to due legal process, including a defence attorney of her choice, access to consular authorities of her nationality, and gathering of evidence in her favour.
4. The factors that have contributed to delays in the proceedings include: the complexity of the global case of internet fraud tied to which is Ms. Martin’s individual case for using illegally-obtained resources, which involves multiple countries and languages, as well as victims from various countries and alleged perpetrators of different nationalities; the successive changes made by Ms. Martin in her defence counsel; the fact that various pieces of evidence needed to be gathered abroad; as well as the recourses filed by the various defence lawyers, including the juicio de amparo or constitutional challenge that was recently denied. All of these proceedings took a great amount of time.
5. The Mexican Constitution states that accused individuals will be judged in less than one year’s time when the crime with which they have been charged carries a maximum sentence exceeding two years incarceration, except when a longer term is requested by the defence, as is the situation in the case of Ms. Brenda Kim Martin.
6. It is up to Judge overseeing the case to make pronouncements regarding the credibility of statements made by convicted criminal Alyn Waage, to the effect that Ms. Martin had nothing to do with the multi-million dollar fraud in which she has been implicated. Ms. Martin offered as evidence the affidavit of Alyn Waage, which was gathered via international letter requisitorial in North Carolina, United States of America.
7. In recent days the Embassy of Mexico became aware of a new change of legal counsel by Ms. Martin. The Embassy hopes that Ms. Martin’s decision contributes to expediting the proceedings so that a sentence might be handed down as soon as possible.
8. With respect to opinions to the effect that Ms. Martin could be expelled immediately from Mexico, the Embassy reconfirms that, according to consultations held with the Federal Attorney General’s Office, such an expulsion is inadmissible while Ms. Martin remains under trial before the Federal Judiciary, which is separate and independent from the Federal Executive.
9. It should be noted once again that Ms. Martin receives adequate, humane treatment in the prison where she is being held under preventive detention, and in fact has had constant access to mass media and has provided live interviews. She has also received the necessary medical supervision and been seen by the Inspector from the Jalisco State Human Rights Commission.
10. The government of Mexico once again reiterates its willingness to continue providing all necessary information and taking all action within its scope to conclude the case, with full respect for the independence and autonomy of the Federal Judiciary.
For more informacion, please contact:
Press Department
phone: (613) 233 8988 x.2230
seccionprensa@embamexcan.com
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