VANCOUVER - A Filipina care­giver found guilty last year of try­ing to extort $2.5 million from her former employer, whom she claimed had sexually assaulted her, was sentenced to 15 months in jail. She could also face depor­tation from Canada after serving the sentence. Theresa Bagadiong showed no emotion as B.C. Supreme Court Justice Carol Ross handed down her decision at the Vancouver Law Courts on April 10. She broke down as a number of supporters in the courtroom hugged her before she was lead out by a sheriff. Calling Bagadiong’s act a “se­rious offense”, the judge said she abused her position of trust car­ing for a sick and elderly couple who were vulnerable by fabricat­ing the alleged sexual assault by her employer, Raymond McLean. “Her actions were not done in the spur of the moment and she had time to reflect,” Ross said in her decision, which took close to an hour to read. McLean, former CEO of Gate­way Casinos and Entertainment Ltd., hired Bagadiong and anoth­er caregiver in June 2007 to take care of himself and his wife.

The McLean’s were both in their 80’s and ill with Raymond suffer­ing from a number of illnesses in­cluding pneumonia, diabetes and hypertension. Citing difficulties in the rela­tionship, the judge said Baga­diong was terminated in 2009 which was initially rescinded after she pleaded to be given a “a sec­ond chance”. Later, on October 28, 2009, Bagadiong was caught stealing a ‘listening device’ from her employer’s bedroom. In what the judge described as an “amicable settlement”, Baga­diong was offered $10,000 plus return fare to the Philippines. Bagadiong wanted $13,000 and wrote a letter to McLean thank­ing him for continuing to help arrange for her daughter to join her in Canada, help her in her driving lessons and for bringing her to California, saying McLean was “such a kind person that I ad­mired the most”.

The 47-year old mother of four studied nursing in the Philippines but was not registered as a nurse. She left the Philippines in 1993, working in Taipei and Hongkong before coming to Canada in 2005 under the Live-in Caregiver Pro­gram (LCP). She started working for the McLeans in 2007. The case arose after a trip to Palm Desert, California, which Ba­gadiong took with the McLeans. It was during this trip that she alleged the sexual assault hap­pened.
After a “yelling” incident with the hotel doorman and Baga­diong, McLean asked his son Roderick to interview her. Roder­ick conducted two interviews with her – one in a gas station and another at a hotel in which he secretly tape-recorded the con­versation. It was during the interviews that Bagadiong made the demand for more money - $2.5 million - or the reputation of his family would be damaged. Subsequently after the interviews Roderick McLean called police and charges were laid against Bagadiong.

The tape recording played a crucial role in the trial and Ba­gadiong’s defense counsel, Pe­ter Edelman told Philippine Asian News Today (PNT) by phone that the tape‑recording did not constitute “entrapment” as Roderick McLean was not a police officer. Mr. McLean’s physician testified during the trial that Mr. McLean was incapable of erectile erection at the time of the alleged assault. Although he was never treat­ed for erectile dysfunction, the doctor said that he never prescribed any medication for Mr. McLean since he start­ed treating him in 1998.

The doctor further testified that even with medication, Mr. McLean’s condition was precarious at the time of the While the judge said Baga­diong portrayed herself as the victim, she expressed no remorse and denied the fabrication. Raymond McLean’s wife died a few weeks after the extortion and he died 13 months after, on December18, 2010 – a “broken man”, according to a victim im­pact statement read by Roderick at the trial. Roderick McLean was in court to hear the sentence but refused to comment outside court when requested by PNT.

Defense lawyer Peter Edelman also refused to comment on the decision.
Bagadiong was supported by a number of Filipino commu­nity organizations during her trial last year, including the Philippine Women’s Centre, Migrante-B.C. as well as other caregivers. They told the CBC that Ba­gadiong was a victim and not a criminal. A number of them were in court again to support Bagadiong dur­ing the sentencing.

< Prev		Next >