Department of Justice

STATEMENT BY THE MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA - ALLAN ROCK REGARDING THE SEAMEN OF THE MAERSK DUBAI

OTTAWA, March 18, 1997 -- It is expected that the six Taiwanese seamen of the Maersk Dubai will leave Canada for Taiwan on Thursday, March 20, 1997. They will be in the company of Taiwanese law enforcement officers who will accompany them back to Taiwan for the prosecution process which has recently been commenced.

From the outset, it has been the fundamental objective of the Government of Canada to have the Taiwanese seamen brought before a court of competent jurisdiction to determine if alleged criminal acts had been committed.

Since Canada has an extradition treaty with Romania, a Romanian request for extradition was accepted and the Romanian claim to jurisdiction was presented to a Canadian extradition judge. At that point in time Taiwan had not commenced a prosecution process against the seamen by issuing summonses.

Throughout the extradition proceedings, Justice counsel argued that since the evidence presented was sufficient to meet the appropriate test, the six seamen should be committed for extradition. Justice counsel also argued that the issue whether the treaty with Romania covered the extradition was for the Minister of Justice to decide separately, after the judge had assessed the sufficiency of the evidence. In support of this argument, Justice counsel relied on a Supreme Court of Canada decision which had considered this important point of extradition law and procedure.

The Canadian extradition judge ruled that while there was sufficient evidence to warrant a trial for certain criminal offences, including murder and manslaughter, he also could properly consider the issue of jurisdiction. On that issue, he found that he did not have jurisdiction to commit the individuals for extradition to Romania. In so doing, he

assumed jurisdiction to decide whether the extradition treaty covered the alleged offences. Consequently, he refused to order committal.

The ruling of the extradition judge has been appealed to the Nova Scotia Court of Appeal. The question whether the Minister or a Court determines issues of territory and jurisdiction under an extradition treaty is a critical one for the effective administration of the extradition process in our country. Accordingly, Justice counsel will seek to pursue this appeal, and will argue that the position that was put forward by Justice counsel before the extradition judge was the correct one in law.

EFFECT OF COURT DECISION

Since the time of filing of the notice of appeal, a Judge of the Court of Appeal of Nova Scotia has refused to stay the effect of the extradition judge's ruling, pending an appeal. Justice counsel have sought leave to appeal this decision. In the meantime, however, the individuals before the Court are at liberty.

PROCEEDINGS IN TAIWAN

For the first time on March 10, 1997, following the release of the Nova Scotia decision, prosecution authorities in Taiwan issued criminal summonses for all the Taiwanese seamen to appear on March 28, 1997, in Taiwan. The summonses, in which the seamen are identified as defendants, initiate the prosecution process in Taiwan and require the seamen's attendance in the Public Prosecutor's office regarding the investigation of allegations of homicide. An individual in Taiwan who fails to appear without good reason after being legally summoned may be arrested.

The issue has been whether to proceed with an appeal, seek a stay to keep the seamen in Canada, argue the appeal and attempt to overturn the Court's decision, or whether, in light of the recent initiation of the prosecution process in Taiwan, to seek assurances from the Prosecution authorities that if

returned to Taiwan the seamen would be prosecuted to the fullest extent possible under their law. In all the circumstances, the Government of Canada has decided on the latter course. Pursuing an appeal is both uncertain and lengthy. As stated earlier, the fundamental objective of the Government of Canada has been throughout to bring these individuals, if found responsible for these alleged crimes, to justice as expeditiously as possible.

Taiwanese Prosecution authorities have now confirmed that:

Upon their return to Taiwan, Prosecution authorities will ensure that the seamen report to the Public Prosecutor's Office in Taiwan.

By issuing the summonses, the prosecuting process has now been initiated against the six defendants and will be pursued to the fullest extent under Taiwan law. There will be a thorough review of the evidence gathered in Canada, including video tapes, statements and transcripts from the extradition proceedings. If indicted, the defendants will be tried by a judge of the criminal court.

Taiwanese authorities will encourage the Filipino witnesses to travel to Taiwan to testify and protection will be provided by Taiwan to them.

In the event that the Filipino witnesses will not attend, all phases of the Taiwan judicial process will still consider and examine, among other things, the statements, videotapes and transcripts gathered by the Canadian authorities. Under the laws applicable in Taiwan, an indictment may still be filed, if warranted by sufficient evidence, and proceed before a judge of the criminal court without such witnesses.

The Canadian Trade Office in Taipei will be kept advised of and given the opportunity to observe the public trial process conducted by the court.

Therefore, in all the circumstances, having regard to:

1. the seriousness of these allegations;

2. the sufficiency of the evidence as found by the extradition judge;

3. the delay that would be occasioned in attempting to pursue extradition to Romania in light of the decision of the extradition judge;

4. the assurances provided by the Prosecution authorities in Taiwan; and

5. the need to ensure that this case is brought to justice expeditiously;

the application for leave to appeal the refusal of the stay order which is currently before the Nova Scotia Court of Appeal will be abandoned. However, Justice counsel will seek to continue its appeal of the decision of the extradition judge on the question whether the Minister or a Court determines issues of territory and jurisdiction under an extradition treaty.

Ref.: Jennifer Lang Minister's Office (613) 992-4621