GUADALAJARA, Mexico — The evidence against Brenda Martin clearly shows she is guilty and, despite her supporters' complaints, the jailed Canadian was given a fair trial, a Mexican official said Wednesday.
“The facts and the evidence that the decision was based on show clearly that she is guilty,” said Heriberto Estrada, a government lawyer with Judge Luis Nunez's office.
Mr. Estrada, who on Tuesday read the decision sentencing Ms. Martin to five years in prison, defended the ruling after severe criticism from the Canadian woman's family and supporters.
Ms. Martin's mother accused Mexican officials of finding her guilty to “save face” and because she “never paid any bribes to the Mexican judges.”
Debra Tieleman, friend of jailed Canadian Brenda Martin, reacts to the judges decision at a hearing at the prison in Guadalajara, Mexico Tuesday. (Canadian Press/Adrian Wyld)
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Her childhood friend Debra Tieleman, who had expected Ms. Martin to be acquitted in connection with an Internet fraud scam run by her former boss, decried the verdict as “Mexican justice.”
But Mr. Estrada said Ms. Martin was given due process, noting that while the system in Mexico is different from what Canadians are used to, it works and includes provisions for appeal.
“People can say what they want but it has nothing to do with the sentence,” he said. “It's the higher courts that would make any ultimate judgment.”
Ms. Martin's lawyer Guillermo Cruz had asked the Mexican courts earlier in the process to dismiss the charges on constitutional grounds, saying her rights were violated because she was never provided with an interpreter and didn't understand the case against her.
That challenge was dismissed, Mr. Estrada said.
Mr. Cruz said the court issued a 110-page explanation of the verdict Tuesday, but he has not yet received a copy.
Mr. Cruz said he did receive a three-page summary of the judge's main points for his decision, but added the document gives few details about the evidence against his client.
Ms. Martin's people “have to do what they can to get attention for her cause and to get support, but the proof is there; she's had translators,” he said.
“We respect people's constitutional rights in Mexico, whether they are Mexicans, indigenous peoples or foreigners.”
Mr. Cruz was cautious not to criticize the Mexican legal process, saying he “can't generalize a system because of one decision or one unfortunate case.”
“I still have faith in that the Mexican system can work, although it needs some changes,” Mr. Cruz said.
“Brenda had the misfortune of dealing, at certain points, with certain officials who were not the best, but this is one case ... and it's a judge's decision and that of an institution that still deserves respect.”
Mr. Cruz said he still believed Martin wasn't guilty but wouldn't appeal the verdict because his client had chosen instead to be transferred to Canada.
He hasn't seen Ms. Martin since Canadian officials visited her with transfer papers Tuesday, but has been told she's still “very delicate.”
“She's been very affected by the news so I haven't been able to speak with her; she's very fragile right now,” he said.
Ms. Martin, 51, formerly of Trenton, Ont., has been in jail for two years in connection with the scheme run by her former boss. She has consistently maintained she did not know it was a scam.
It's unclear how long it will take for Ms. Martin to return to Canada.
Under Mexican law, a convicted prisoner must wait out a five-day appeal period before the transfer process can begin.
Mr. Estrada said Wednesday that both Ms. Martin and the prosecutors have signed documents accepting the sentence, which means there will be no appeal and the five-day waiting period can be waived.
But he didn't know how long the transfer process would take, noting it's now in the hands of the Canadian and Mexican governments.
“For us the case is closed once the sentence is signed and accepted,” Mr. Estrada said.
Still, until Ms. Martin can be transferred, the judge has asked the prison staff to make sure she doesn't hurt herself.
“She's not under our watch but she is in the prison system so the prison director needs to make sure she doesn't hurt or kill herself,” Mr. Estrada.
“We have to be careful (after) the things she has said.”
Mr. Cruz said his main priority at the moment is getting Ms. Martin home.
“I'm not in a rush to review the sentence because right now we want to be focused on the transfer process.”
With a report from Jennifer MacMillan
