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 Citing difficulties in the relationship, the judge said Bagadiong was terminated in 2009 which was initially rescinded after she pleaded to be given a “a second chance”.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 >|