PRESS RELEASE: SHAME, SHAME, SHAME- 57 court appearances in the Philippines, over almost 8 years, without a trial.

SHAME, SHAME, SHAME- 57 court appearances in the Philippines, over almost 8 years, without a trial.

The Troy Birthisel Story

Troy Birthisel is an Australian, an old footballer who played in Gladstone in Queensland, locked in jail in the Philippines, and has been there since October 23rd, 2013 without trial.
Numerous attempts have been made by his family and friends to free him since that date. The federal government is approaching the Philippines Government through the efforts of the Foreign Affairs Office but will give no detail on the matter when approached except to say they are aware of it but cannot discuss the matter.

I became involved in 2018 when I saw a fund-raising article on Facebook that was raising funds to help Troy buy articles in prison, and I donated to the fund a couple of times.
I then made others aware (as News Corp has and Channel Nine News) through an article on BONZA Facebook and google shows other attempts by journalists to raise public awareness but without success.

I attempted to gain federal government support in 2020 but to no avail, so I started my own petition to the Foreign Affairs Office but could only gain 60 or so signatures of support with many added judgemental comments on the site about how he deserved to be punished as he is obviously a pedophile or in the sex trade.

I deleted the petition as I cannot make people change their opinions and they are entitled to it, but I see him as an Aussie (my brother, son, or friend even) who has been locked away for almost 8 years without a TRIAL. And that is the end of my argument as this is wrong no matter what your opinion is. If he is tried and found guilty then he must serve his time (with remissions for the length of time in custody hopefully) but to let him sit and rot in some foreign jail is un-Australian.

The family have made several attempts to find a solution such as this letter to the Foreign Minister in 2018-

For the Urgent attention of.
Hon Julie Bishop MP, 3, January 2018
Federal member for Curtain
Foreign Minister of Australia,
Parliament House Canberra ,ACT, Australia.

Dear Ms Bishop,
I am writing to you as I am gravely concerned with the treatment of my brother, Mr. Troy Russell Birthisel who is currently detained in a Philippine prison on charges of Illegal recruitment involving Economic sabotage an indictable crime in the Philippines under Republic Act # 8042.

Whilst I am aware that the Australian Government has a mandate not to intervene in another sovereign Nations legal process, I am deeply concerned that the human rights of my brother are clearly and severely being compromised. Due to the painfully slow legal process there, along with being detained in substandard conditions in the BJMP prison located at Soong, Lapu Lapu City,
A prison that was built for an optimal number of detainees of 150 yet is currently holding 2200 inmates.

Since his arrest at Mactan Cebu International airport on October 23, 2013. Troy has never been formally interviewed by the police in relation to the crime as outlined above, nor has he been granted bail. It is noted that under Philippine Law bail can only be refused in the event of a capital crime, which quite clearly has not happened here.

The initial bail hearing held September 26, 2014, outlined the requirements that bail would be decided via judicial affidavits, which were required the prosecutor to submit their evidence by November 20, 2014, to the court and defense counsel. The prosecutor failed to submit any documentation by the time frame outlined by the court.

The Federal government has told me twice over the last 2 years through my member Minister Karen Andrews that they are doing all they can.

The family of Troy Birthisel has just been informed that his trial in Cebu today (3/08/2021) was once again adjourned until next month. This is the 57th time it has been postponed or adjourned since his arrest in October 2013 and he is almost 8 years without a trial now.

Further, Troy has never seen his youngest daughter and has been divorced by his wife as she has given up that he will ever be released. Purely on humanitarian grounds, what has happened to Troy Birthisel is dreadful. How he has survived in jail without hope of justice I will never know but I would like to ask all those involved how it would feel to lose contact with your family for this length of time without a reason for it.

Brian Murphy
Mudgeeraba Q4213

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