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.


Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Surrey looking into reducing residential speed limits

Surrey city council on Feb. 24 approved five ‘key pillars’ of a Surrey Transportation Plan

Suspected drugs, counterfeit cash seized during distracted driving stop: Surrey RCMP

Police said incident happened near 152nd Street and Fraser Highway

Fate of five-district policing model in Surrey rests with new police board

Whalley/City Centre, Guildford/Fleetwood, Newton, Cloverdale, and South Surrey districts formed under McCallum’s watch in 1998

North Delta students talk mental health in newly-published book

The book was researched, written and published by students in Delview Secondary’s Innovation 10 class

Surrey teacher wins provincial award for his work teaching art to students

Clayton Heights teacher Dennis Memmott recognized with award granted by his fellow art teachers

Bald eagle hit by train in northern B.C. has a chance of survival

The raptor has been taken to OWL in the Lower Mainland for recovery

Cheslatta Carrier Nation and Rio Tinto sign a historic agreement

Co-operation crucial to stem dropping Nechako Reservoir level

Hundreds of B.C. firefighters ‘climb the wall’ for BC Lung Association

The charity fundraiser saw participants climbing up 48 storeys

Stories of sexual assault at B.C. tree planting camps ‘shocking but not surprising:’ advocate

Contractors’ association is working with trainers to create respectful culture

Lawyer gets house arrest for possessing child porn

Maple Ridge resident gets nine-month term

Police renew appeal in help finding missing Maple Ridge woman after vehicle found

Ridge Meadows RCMP released a new photo showing the missing woman walking east on Dewdney Trunk Road

Canada prepared to monitor for community spread of COVID-19: Tam

The U.S. confirmed one case of the new coronavirus, or COVID-19, in California Thursday

Most Read