‘Mr. Silva will not be present today’

CANADA
Hamilton Spectator

He had a responsibility to attend today.”

That’s what assistant Crown attorney Carey Lee advised the court on May 9 when Father Jose Silva, facing one count of sexual assault, failed to appear.

What the justice of the peace wasn’t told, a transcript of the proceedings reveals, was that Crown and defence lawyers had taken a number of steps to ensure Silva boarded a flight to Brazil five days earlier.

Defence counsel Dean Paquette said the Crown’s office played a role in obtaining the priest’s passport — which had been surrendered to Hamilton police as a bail condition — and in making sure border services officers didn’t block Silva from leaving the country.

The only condition Lee sought in return, he said, was that a countrywide warrant be issued for Silva’s arrest to prevent him from ever returning. By ensuring Silva was not present on May 9, the Crown and Paquette paved the way for justice of the peace Neil Burgess to issue such a warrant.

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