Yesterday, the three Sinaloa brothers facing execution for the alleged meth trafficking in Malaysia, suffered a crushing blow to their hope of the charges being dismissed. The Malaysia Federal Court, the equivalent of the U.S. Supreme Court, rendered the decision Thursday resulting in the charges against the brothers standing and the case will proceed to trial in February.
The brothers, Jose Regino Gonzalez Villarreal, 33, Simon Gonzalez Villarreal, 36, and Luis Alfonso Gonzalez Villarreal, 43 former brick makers, are from Culiacan Sinaloa . They were arrested in March 2008 at a factory in the Malay southern state of Johor. The arrest included two other men, a Singaporean and a Malaysian, all were charged with trafficking which carries a mandatory death sentence. Malaysian method of execution is hanging. The brothers left Sinaloa to Asia only one month prior to the arrest.
Capital punishment in Malaysia follows a ridged line and applies to murder, drug trafficking, treason, and waging war against the King. There is no juvenile mercy in the country as juvenile justice is also subject to the gallows. Only pregnant women and young children are exempt from capital punishment. The judicial system in the country holds no distinction between “hard” drugs versus lighter drugs such as marijuana. One is subject to hanging for the seemingly lessor offense of selling small quantities of marijuana.
Interestingly, studies have found that these strict laws have not been a successful deterrent. Momentum is building for the abolishment of the death penalty in Malaysia. In November of this year the government has announced a decision to examine the issue, as it has failed to curb drug trafficking. Most drug trafficking arrests are small time, "little fish" in the drug trafficking pond, but subjected to the same harsh judgement and penalty.
The hands of a judge are tied when imposing sentences, as they are mandatory. Nora Murat, executive director of Amnesty International Malaysia, put it, "When a judge has decided on the guilt of the accused, he has only one punishment to give 'death.", further stating; "Mandatory death penalty removes the discretion of judges to consider external factors such as the accused's level of maturity and intelligence, life background, circumstances leading to the commission of the offense and other mitigating factors,".
Police raided the factory where the brothers were employed, and found was 63 pounds of methamphetamine with a set value of 44 million ringgit (15M USD) . The five were arrested and charged with the manufacturing and trafficking of the drug.
In April a defense motion was filed declaring the rights of the defendants had been violated and to proceed with a trial would be a miscarriage of justice. The motion was based of the manipulation of the evidence. Foong argued the case should be seen in the high court because they violated several fundamental rights of the accused during the investigation into the handling of evidence and the disappearance of much of the drug seized.
"if we continue with the trial, and they are convicted, we have the right to appeal to the Court of Appeal, and finally to the Federal Court, said their lawyer at the time. The motion was an attempt at being granted a “peremptory writ” , which if granted would have prevent the case from continuing into trial.
Judge Mohamed Zawawi is presiding over the case and is well known for the many drug related death sentences he has handed down. The brothers were astonished that the judge sent the motion to the high court for a decision. Simon shared with reporters his feelings as he stated “This judge is hard to crack, now we have more possibilities, I hope this will end soon, and hopefully good,“ he said at the conclusion of the short hearing in April.
Through it all the Gonzales Villarreal family have not faltered in their support and concern of the brothers. The oldest brother, Jose, has appealed to the Mexican Government to help the brothers, saying the family has only been allowed to speak to the brothers twice and they have little knowledge of what is happening with the case. “My parents are in despair over this,” he said in a telephone interview from Culiacan to Associated Press. “We have not been able to help because of our lack of resources. We are poor people.”
The Gonzalez Villarreal’s are a family of brick makers, which includes the father and all nine sons. On a good day collectively making 300 pesos selling the bricks they made. Their sister Alejandrina said her brothers were hard workers, and from the age of six it was "bricks, bricks, bricks". She said two men the brothers occasionally played soccer with told them about a lucrative employment opportunity abroad, and that were going to try their luck at it. They never said exactly where it was they were travelling to.
The brothers have no criminal records, and the family insists they are innocent, and neighbors reject the idea that the brothers were involved in the drug world, and there was no sign that the brothers aspired to the ostentatious world of Sinaloa's narcos. By all accounts these were good, hardworking family men with wives and children and a large close family who have many concerns about the brothers. Alejandrina reports her brother Jose is in ill health from kidney ailments and fear it is left untreated.
When the phone call came after the arrest in March of 2008, the family pooled their money together and borrowed from friends to send Alejandrina and a friend to Malaysia, where she saw her brothers for the first time in a courtroom, chained with prisoners from different cases. They were, stunned to see their sister, and assured her they did not go there to get involved in drugs, that they were promised employment that had nothing to do with illegal activities.
This week’s news that the Federal court rejected the motion, and the brothers will be tried by the “ hanging judge” Mohamed Zawawi, baffled the Gonzalez Villarreal family. “ The truth is, yes, we were very surprised at the news. I was watching it on television and I was sad and frustrated” Alexandrine, a sister, said in an interview with CNN Mexico. And Alejandrina admits the decision and proceedings are complicated and confusing.
If convicted the brothers will have two automatic appeals which will last for about a year.
Though this weeks decision from the high court was not what they hoped for and they are sadden the Gonzalez Villarreal family have not lost faith that somehow the brothers will return home. Jose has a daughter only 3 when he left to Asia, she is now in school, but refuses to learn to read and write.
"She says she won't learn until her father comes back," the mother said. "I tell her, 'No, you must learn quickly so you can write to him.'"
Photos: Top: Gonzalez Villarreal family photo in happier times
Below: Hector Gonzalez, father of the brothers stands in family brick yard
Bottom:Carmen Villarreal Gonzalez, mother of brothers during interview
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