Pubdate: Fri, 06 Nov 2009
Source: North Shore News (CN BC)
Copyright: 2009 North Shore News
Contact:  http://www.nsnews.com/
Details: http://www.mapinc.org/media/311
Author: James Weldon

NV MAN'S MEXICAN TRIAL FACES DELAYS

A North Vancouver woman whose husband has been in a Mexican jail for
more than a year and a half without a trial says she is being bounced
from one government to another in her attempt to gather witness
testimony that could be central to the case.

Jirina Kuliskova, whose husband Pavel Kulisek was arrested on
suspicion of drug trafficking last year, says the Mexican judge in the
case has asked the Canadian government to arrange the interview of
witnesses in this country who could attest to her husband's good
character, but that Ottawa says it must be Mexican authorities who
oversee the process.

It is the latest in a series of delays Kuliskova has encountered in
her struggle to free her husband, who she says is guilty of nothing
more than being in the wrong place at the wrong time.

The problem for Kulisek began in March 2008, a few months after the
family moved to Los Barilles on Mexico's Baja Peninsula. Kulisek, who
had developed an interest in motorbike racing while he was there, met
and befriended a man at a local competition who introduced himself as
Carlos Herrera, according to Kuliskova.

The two were having dinner together at a later date when authorities
descended on the restaurant and arrested them. It turns out Herrera
was actually Gustavo Rivera Martinez, a kingpin in the Tijuana drug
trade. Kulisek was charged with trafficking as a result of his
association, said Kuliskova.

Kulisek has been in jail ever since, while his wife, now back in
Canada, has been waging a convoluted legal battle on his behalf.

Kulisek's lawyer has applied to have the case dismissed for lack of
evidence, but with a decision on that front still pending, the family
has begun to prepare to take it to trial. Before that can happen,
however, the defence must have all its evidence in place. One central
piece is missing.

At an earlier stage in the legal battle, Kuliskova's lawyer submitted
about 50 written statements from acquaintances of the jailed man
attesting to his good character -- a factor that will apparently weigh
heavily in the decision. Of those, the judge selected 17 for closer
scrutiny, meaning the writers should be made available for verbal
examination.

In July, the judge sent a letter to officials in Canada and the United
States requesting their aid in examining the witnesses on their home
soil. After a delay of several weeks, the United States said yes.
Canada, however, did not.

It appears a treaty between the two countries that deals with judicial
matters does not cover that type of assistance, said Kuliskova.

"Governments do co-operate from time to time to assist with each
other's cases (i.e. prosecutions), however this particular case is
unusual in the sense that it is for the defence," said North Vancouver
MP Andrew Saxton, in an e-mail to the North Shore News. Saxton has
been involved with Kulisek's case for some time.

The federal government has offered to contact the witnesses involved,
inform them of times and locations and work with the Mexican consulate
in Vancouver to co-ordinate the process, but it is ultimately Mexican
authorities who must take and translate the testimonials at the
consulate, he said.

"I am told that it is because they administer their own justice
system," said Saxton.

The MP emphasized, however, that Ottawa has not been neglecting the
issue.

"A number of people from more than one government department have been
working very hard on Mr. Kulisek's behalf," said Saxton. "Personally,
I have spent more time on this case than any other single case since
being elected. I've been meeting with Mrs. Kulisek on a regular basis
for over a year now. I even flew to Mexico to meet with Mr. Kulisek in
person in jail in Guadalajara."

The MP has also met with a number of officials in both countries about
the case, and has arranged for Kuliskova to meet with officials in
Ottawa and Vancouver, he added.

Despite the help, Kuliskova feels frustrated and confused. She
believes the documentation relating to the witness testimonials is
back in Mexico, but is not sure who there has it. She doesn't know if
or when the interviews will take place, and is having trouble getting
answers, she said.

"They keep telling me they're working hard, . . . but nobody can
really give me any specifics," said Kuliskova. "I keep hearing
different stories from all these people."

Meanwhile, the family is fast running out of funds, she said.
Kuliskova has rented out her North Vancouver home, and has moved into
the garage with her two daughters to reduce costs. But that's not
enough by itself to cover living expenses and mounting legal bills.

"Maybe the next step will be to sell the house," she said. "I don't
really want to do that."

Her husband, whom she talks to for seven minutes each week, is trying
to keep his spirits up, she said.

"He's trying to be as positive and encouraging as possible," said
Kuliskova. "It's not easy, but somehow we are getting through this
entire nightmare." 
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MAP posted-by: Jo-D