Judge sets aside conviction, sentence in Surrey case

NEW WESTMINSTER — 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 Malaggay’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 Malaggay’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 reports’ authors an account inconsistent with his guilty pleas, however.

“In fact, he denied his guilt,” Maisonville noted in her reasons for judgement. “He denied acting violently towards his daughters and claims he was gentle when handling his daughter, Ruby, during the course of the events.”

The psychologist who prepared the psychiatric report asked Malaggay if he had done anything wrong.

“He said he was innocent,” the psychologist reported. “I 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.”

The sentencing hearing was held Sept. 13, 2012 and Malaggay’s lawyer made brief submissions.

“However, a description of Mr. Malaggay’s version of the events was not offered,” Maisonville noted, “and no comments were made to the judge in regards to the inconsistent information in the pre-sentence report or the psychiatric report.”

When the sentencing judge invited Malaggay to address the court, Malaggay had replied, “Yes, 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 I’ve done to them. Whatever you tell me I’m gonna follow diligently.”

The judge then sentenced him to one more day in jail as he’d already served three months. The Crown then stayed the remaining charges.

“Again, no remarks were made at all relating to the appellant’s comments concerning his professed innocence,” Maisonville noted. “His version of events was not placed before the learned judge apart from the reports that were filed but not commented on.”

At the appeal hearing, the Crown invited Maisonville to find there had been a miscarriage of justice.


Just Posted

Surrey mom says Liberal budget falls short in helping people with autism

Louise Witt, whose son has autism, says budget provisions like ‘putting a Band-Aid on a cancer’

South Surrey mother guilty of second-degree murder in death of daughter

Lisa Batstone ‘took seven decades of Teagan’s life’

Surrey RCMP release sketches of sex assault suspect after woman ‘groped’ in Newton

Police say the woman got away but the suspect allegedly followed her to her front door

Missing Surrey woman ‘located and safe,’ police say

Kayla Amy Smith, 30, who was reported missing last month

‘Scrappy’ Cloverdale team rallies but falls short in bid for B.C. hockey championship

In the end, Colts placed third in the province at top-tier Bantam tournament in Prince George

STRONG, PERSEVERING AND PROUD: Surrey Pride celebrates 20 years with biggest party yet

PART ONE: A special series on the past, present and future of our LGBTQ+ community

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Boy who went missing from park remains largest probe in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

Six ‘distraction thefts’ in two days spark warning to seniors by Vancouver police

Distraction thefts are used to steal jewelry off the necks of unsuspecting women

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Protective human chain forms around B.C. mosque for Friday prayer

Vancouver Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

WATCH: Popular Glow festival faces cancellation in dispute over farm land

Langley’s Darvonda Nurseries received a compliance assessment notice from the ALC on March 5.

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Most Read