NEW WESTMINSTER â€” A B.C. Supreme Court judge has set aside the conviction and sentence of a man who apparently pleaded guilty to criminal charges while maintaining his innocence.
The judge also sent the case back to Surrey provincial court to be properly dealt with.
On June 14, 2012, Rogelio Emmang Malaggay was charged with assault with a weapon on Letiticia Malaggay and Ruby Malaggay, assault on Ruby Malaggay, uttering a threat to Ruby Malaggay to cause death or bodily harm, and uttering a threat to Letiticia Malaggay to cause death or bodily harm to Ruby, Herbie and April E. Malaggay.
He attended Surrey provincial court on June 29, 2012 with his lawyer at the time.
He had a different lawyer at appeal.
Justice Miriam Maisonville presided over Malaggayâ€™s appeal hearing this month, in New Westminster.
At his June 29, 2012 court appearance, the reading of the information was waived and guilty pleas were entered on Malaggayâ€™s behalf, on counts one and four.
No facts were read and the judge adjourned the matter to Sept. 13, 2012 for pre-sentence and psychiatric reports to be prepared.
Malaggay told the reportsâ€™ authors an account inconsistent with his guilty pleas, however.
â€œIn fact, he denied his guilt,â€ Maisonville noted in her reasons for judgement. â€œHe denied acting violently towards his daughters and claims he was gentle when handling his daughter, Ruby, during the course of the events.â€
The psychologist who prepared the psychiatric report asked Malaggay if he had done anything wrong.
â€œHe said he was innocent,â€ the psychologist reported. â€œI asked why he pleaded guilty if he was innocent of any wrongdoing. He said he pleaded guilty just to make his family feel better. Overall, Mr. Malaggay denies any guilt.â€
The sentencing hearing was held Sept. 13, 2012 and Malaggayâ€™s lawyer made brief submissions.
â€œHowever, a description of Mr. Malaggayâ€™s version of the events was not offered,â€ Maisonville noted, â€œand no comments were made to the judge in regards to the inconsistent information in the pre-sentence report or the psychiatric report.â€
When the sentencing judge invited Malaggay to address the court, Malaggay had replied, â€œYes, your Honour. I have committed (indiscernible) to my wife. Please forgive me and so with my children I want to ask their forgiveness for what Iâ€™ve done to them. Whatever you tell me Iâ€™m gonna follow diligently.â€
The judge then sentenced him to one more day in jail as heâ€™d already served three months. The Crown then stayed the remaining charges.
â€œAgain, no remarks were made at all relating to the appellantâ€™s comments concerning his professed innocence,â€ Maisonville noted. â€œHis version of events was not placed before the learned judge apart from the reports that were filed but not commented on.â€
At the appeal hearing, the Crown invited Maisonville to find there had been a miscarriage of justice.