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Retrial eyed in murder of Austrian-Filipina

Posted on 19 March 2020 No comments
By Vir B. Lumicao
 
Andrea Bayr's brutal killing sent shockwaves through the Filipino community

The Court of Appeal says it is considering allowing the appeal, or ordering a retrial of a Pakistani guard who was jailed for life for murdering his 25-year-old Austrian-Filipina girlfriend nearly four years ago.

Justices Andrew Macrae, Ian McWalters and Derek Pang said in court on Mar 19 that they want to listen to the arguments of both sides when the appeal hearing continues on Apr 9.

The three justices sat on the first day of the hearing at the High Court on Mar. 19.
“The question is, should we allow the appeal, or should we retry?” said Justice MacWalters.

The appellant’s counsel, barrister David Boyton, was visibly relieved when Justice Macrae, after a huddle with the two other judges, gave a hint of the direction of the case.

“We will reconvene to hear your arguments as to what we should do in the event that we allow the appeal,” Macrae said.
Safdar Husnain, 30, is appealing his conviction for the murder of Andrea Bayr on Mar 29, 2016, on the ground of diminished responsibility. He was found guilty after a jury trial before Judge Kevin Zervos in May last year.

Boyton argued that Zervos did not consider a letter from a psychiatrist stating that the 29-year-old defendant was suffering from a narcotics-induced psychosis.

Boyton said the judge apparently misinterpreted the report, and gave a wrong direction to the jury.

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Before the trial, the defense counsel said he had discussed with prosecution the possibility of amending the murder charge to manslaughter after a report by another psychiatrist indicated Husnain’s mental state was affected by his drug-taking.

On questioning by the three justices, counsel for the respondent agreed the trial judge could have misunderstood the report. He also said he did not know the basis for the jury’s verdict, prompting the court to consider allowing the appeal. 


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Delays in passport arrivals seen as DFA suspends consular services

Posted on No comments
by The SUN
DFA has temporarily closed its passport office in Manila amid the Covid-19 outbreak

Filipinos who are scheduled to pick up their new passports in the coming days should expect a delay in the delivery of the travel documents, the Consulate said.

The PCG said this is due to the indefinite suspension of all consular operations and passport services by the Department of Foreign Affairs in Manila to comply with the enhanced community quarantine in Luzon to help check the spread of novel coronavirus.

“Due to this scenario, delays in passport deliveries to Hong Kong may be expected,” the Consulate said in an advisory issued Mar 18.
But the PCG assured affected applicants it will extend necessary assistance to them.

Community members who are scheduled to pick up their passports in the next few days have expressed surprise at the announcement.

“How about for pick up this coming Sunday, ok po ba?” posted one worker in the comment section of the Consulate’s Facebook page.  
The question was echoed by several other applicants who are with pick-up schedules in the coming two weeks.

A staff from the Consulate advised them to verify the status of their passports at epass.app@gmail.com or call 2823 8508.

Others who commented on the advisory complained about their unsuccessful attempt to book passport appointments online.
JieAnne Soliman complained she booked online for her renewal of her passport, which will expire on Aug 3, but has not received a reply.

Another said she had tried several times to book but received only an “error” warning. “Kaya mag-walk in na lang ako sa Sunday,” she said.

Walking into the Consulate may prove a hassle, however, as hundreds of people line up for services during the shortened work hours on Sundays due to the coronavirus pandemic.

At least one Filipina who is scheduled to travel abroad in the next few days has a bigger problem. She somehow damaged her passport, and now needs a replacement document immediately so she could fly out.

Told that she could ask for a one-way travel document, she immediately said she’d go to the Consulate to make the application, but later realized it would be closed for the next two days, in line with standard practice.

On top of this, she faces a problem of when she can secure a new one, after the DFA’s decision to close down its passport office in Manila in compliance with the community quarantine for Luzon.

After calling the Consulate's assistance to nationals section, she was told to report to them on Monday, Mar 23, to apply for a temporary document, and weigh her options for securing a new passport.
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No forced quarantine for Filipinos flying from HK to Mla, officials clarify

Posted on No comments
By Daisy CL Mandap

Filipinos arriving from HK will still be put under 14-day home quarantine
A Philippine government task force on containing the spread of Covid-19 has categorically denied that all Filipinos flying from China, Hong Kong and Macau, will be put in quarantine camps on arriving in Manila.

The misinformation that caused renewed stress on Filipino migrant workers and residents in Hong Kong, was first brought up during at least two public briefings made by Cabinet Secretary Karlo Nograles in Manila, and was picked up by a national daily.

Nograles had said: “Filipinos abroad can return to the Philippines anytime, including their foreign spouse and children. Other permanent residents of the Philippines may also return. All returning Filipinos and permanent residents from China, Hong Kong and Macau shall be subjected to a 14-day quarantine in a quarantine facility. All other returning Filipinos and permanent residents arriving in Luzon shall comply with mandatory home quarantine.”
His statement was immediately cast aside by the Inter-Agency Task Force on Emerging Infectious Diseases during a meeting earlier today, Mar. 19, in Manila.

According to Administrator Hans Cacdac of the Overseas Workers Welfare Administration who sits with the IATF, Secretary Nograles’ statement came from “a matrix produced by an unknown source.”

He clarified that the memo issued by Executive Secretary Salvador Medialdea on the community quarantine only referred to “mandatory or self quarantine, not quarantine in a quarantine facility.”
Cacdac added, “ Let’s stick with the memo po. That stands as the rule. When a Hong Kong OFW (and resident) comes home, s/he cannot be forced to go to a quarantine facility, unless s/he exhibits Covid-19 symptoms at the airport.”

Consul General Raly Tejada who also expressed surprise at Nograles’ statement, said he had also asked the Department of Foreign Affairs to clarify the issue.
 
Nograles' mistake caused additional anxiety to Filipinos living and working in HK
The dire pronouncement had sparked momentary concern among some vigilant Filipino residents in Hong Kong, who were just recovering from panic caused by a 72-hour deadline imposed on Mar 17 for those intending to fly out of the Philippines.

The restriction was lifted the next day, but only after thousands of travelers had swarmed the international airports in Manila and New Clark City in the north, in a mad dash to fly out before the entire Luzon island was totally locked down.
As of Mar 18, the standing rule is that all Filipinos who are either migrant workers or residents abroad, as well as all foreigners, will be able to fly out of Luzon at any time during the “expanded community quarantine.”

Only Filipino tourists will not be allowed to travel abroad.

For inbound travel, the self-quarantine restriction will remain only for Filipinos and Philippine permanent residents coming in from China, Hong Kong and Macau. Mandatory quarantine is imposed on those coming in from virus-plagued cruise ships in Japan and the United States.
Airports in Manila and Clark will remain open, despite an earlier announcement that they would be shut starting on Mar 20. However, getting in and out of the airports remains a big concern, as all public transportation has been halted.
 
OWWA chief Cacdac moved to correct the wrong pronouncement
To help OFWs bound to be hit hard by the lockdown of Luzon, OWWA has initiated a “hatid-sundo” project for those traveling to and from NAIA airport in Manila. The shuttle will cover six routes, extending to as far north as Dau in Pampanga, and Calamba in Laguna, with several pick-up or drop-off points along the way.

OWWA guidelines say that each vehicle used for picking up the OFW traveler will prominently display the name of the agency, and will have a driver and OWWA staff on board. Both shall be in full protective gear, with masks and gloves, while the OFW passengers will each be given a mask. Each vehicle will be sterilized before and after each journey.

Only OFWs will be allowed to board the vehicles that will take them to any of the three terminals of NAIA. Their friends or relatives will “not be prioritized,” though this indicates there could be some exemptions. Social distancing will be observed strictly aboard the vehicle.



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HK again extends FDW contracts, tells employers to shelter quarantined helpers

Posted on No comments
By The SUN

Employers are given relief, but asked to shelter their FDHs who will be quarantined under new travel rules

The Hong Kong government has extended further the validity period of expiring foreign domestic helpers’ contracts to Jul. 31.

The advisory, issued today, Mar 19, covers all contracts that are expiring on or before June 30. Those that had already been extended up to May 30 may be given a further extension under today’s directive.

The measure is intended to provide relief to employers whose newly hired helpers are unable to fly into Hong Kong because of travel restrictions associated with the Covid-19 epidemic.
The Commissioner for Labour has given consent to the additional extension period for expiring contracts, as long as it’s agreed upon by both the employer and the helper.
                  
Employers may apply directly to the Director of Immigration before Jun 30 for the extension of their FDH’s period of employment and stay.

Earlier, the government extended FDH contracts expiring on or before Mar 30, to May 30.

This means contracts that should expire this month could be extended for up to four months, or until Jul 31.

Thousands rushed to fly to Hong Kong before the expanded quarantine rules took effect
Meanwhile, the HK Labour Department has appealed to employers to take in their foreign domestic workers who will be put under 14-day home quarantine under new travel restrictions.

If the employer prefers that their helpers stay out of their residences, they should make prior arrangements with their employment agencies. In such cases, the employer will pay for both the food and accommodation of the helper.

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In either case, the helper is required to stay indoors at all times, which means they can be made to do household chores.

A migrant workers’ support organization, the Asian Migrants Coordinating Body, urged the Labour Department to strictly monitor the FDW’s condition under  home quarantine, and ensure that she is paid her salary and provided with basic daily needs.

The AMCB said in a statement that the close monitoring should continue if the employer chooses to send the worker to an agency-run shelter.

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According to the group, there had been numerous cases where workers staying in a shelter run by employment agencies were subjected to abuse, and prevented from learning about their rights in Hong Kong.

AMCB also called for adequate protection for FDWs against Covid-19, citing its recent survey which showed a big number of them are not provided by their employers with protective materials such as face masks and sanitizers.

The mandatory 14-day quarantine that took effect on Mar 19 will last for three months. All quarantined travelers will be subjected to strict monitoring through a wrist monitor they're required to wear at all times.

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Those found violating quarantine rules face a fine of up to $25,000, or imprisonment of up to six months.

The quarantine is being imposed on all new arrivals in Hong Kong, whatever their nationality or visa status, in the wake of a spike in the number of imported cases in the city.


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