Richard Brotherston, the Sechelt man held in a Cuban prison without charge since December 2009, has seen the first progress made in his case in three months.
Brotherston's family learned last week from the Department of Foreign Affairs and International Trade (DFAIT) that the Cuban police investigation into Brotherston is now complete and the case is now in the hands of a prosecutor who must decide whether or not to press charges. His family had been worried that Brotherston would be held for up to a full year - the maximum allowed by Cuban law before laying charges.
"They said that the investigation is over, which is a good thing because they can't keep him that whole year before they do anything," said Brotherston's mother Helen. "We're feeling better now. Now just get it out in the open and see what happens."
Brotherston was arrested in late December for punching a police officer though witnesses say he had clearly been drugged before the incident.
After experiencing frustration with the slow legal process, the Brotherston's contacted West Vancouver-Sunshine Coast-Sea to Sky Country member of Parliament John Weston. Weston, who practiced international law before entering politics, was able to provide some advice and help to the family.
"I am working with the [DFAIT] minister's office and trying to do what I can," Weston said. "I certainly am concerned about the family and it sounds like a very difficult situation for both Richard and his family and I am hoping for a positive and quick outcome and the family can be reunited."
Part of Weston's advice for the Brotherstons was for them to watch the movies Midnight Express, Missing and Red Corner -all films about westerners being held in foreign prisons. Weston said he recommended the films because they "give sense of the ability and limitations of home governments to assist."
Weston could not comment on the specifics of Brotherston's case due to privacy laws and said he is not an expert in Cuban law, but added it is common for people who have been drugged to make a strong case in court.
"As an international lawyer I was working on this type of matter long before I became a member of Parliament," he said. "Every legal system I've ever encountered and I've worked in the legal systems of many countries, has some way of absolving a person of his or her guilt if the person isn't responsible for the action. So we can imagine that somebody who claims not to be in control of his or her own faculties could not be as responsible as someone who clearly was in control."
He said the Canadian government's and Canadians' reputations abroad could also prove to be of some help.
"If you have to be in trouble somewhere else, it's a plus to be Canadian," Weston said.
Back home, Brotherston's family is still working for his interests including trying to save his job at Howe Sound Pulp and Paper (HSPP) where he has worked since 2000.
Don Rheaume, president of Communications, Energy and Paper Workers Union of Canada local 1119, which represents HSPP workers, said Brotherston's job is safe for now and the union considers it a "leave of absence."
"The union's hope is Richard's nightmare will be over soon rather than later and we can get him back to work at the earliest opportunity," Rheaume said.
Al Strang, spokesperson for HSPP, confirmed the company is taking a "wait-and-see" approach and will make a decision when the time is right.
