Lawyer says Canadian sentenced to 10 years in Cuban prison was set up
MONTREAL — A Canadian man sentenced to 10 years in a Cuban prison says he is innocent, and his lawyer says his client was likely set up following a night of partying in a seaside town outside the popular resort destination of Varadero.
Benjamin Tomlin, 46, an employee of the Canadian Development Investment Corp., was arrested in August 2018 and charged with having sex with a 15-year-old. The age of consent in Cuba is 16.
Tomlin’s Canadian lawyer, Ricardo Alcolado Perez, said the legal proceedings were plagued with irregularities. None of the witnesses in the case — including the minor with whom he is accused of having sexual relations — identified Tomlin in court, Alcolado Perez said in an interview with The Canadian Press.
Tomlin’s sister, Caroline Simpson of Montreal, said her brother has been “abandoned” by Canada. She said Tomlin has not received adequate consular services because of staffing shortages due to the mysterious “Havana syndrome” that has sickened employees at the Canadian and United States embassies.
Simpson said Global Affairs Canada should issue a travel warning about Cuba.
“Canadians are unaware,” she said in an interview. “They think Cuba is a safe place ... and with the embassy being understaffed, if something goes wrong, you have no support and you are totally on your own.”
Tomlin’s troubles began in February 2017, after he met a group of Cuban nationals and partied with them at a friend’s house and later, at a nightclub in the town of Cardenas, about 30 kilometres south of Varadero. After the nightclub, the group allegedly went to a private home.
Tomlin left the country the next day, but a warrant was later issued for his arrest without the Canadian’s knowledge, Alcolado Perez said. When Tomlin returned to Cuba in August 2018, he was promptly arrested and charged with having sexual relations with a minor.
What Tomlin didn’t know, Alcolado Perez said, is that at least two of the women at the club that night in February 2017 were underage prostitutes who were being investigated by authorities. The two young women were detained by police after Tomlin left the country in 2017 and allegedly made declarations against him.
Alcolado Perez was present at Tomlin’s trial — which lasted less than one day. He said the court dismissed the alleged victim’s testimony because it was deemed vague and misleading. “She could not identify Ben,” Alcolado Perez said.
“In my opinion, there wasn’t enough evidence to convict him,” the lawyer said. Alcolado Perez, who is originally from Cuba but practises law in Toronto, was retained by Tomlin’s employer, the Crown corporation known as CDEV, to assist with legal proceedings. Tomlin was provided with a Cuban national as his lawyer during the trial.
Alcolado Perez said the judge convicted Tomlin on the basis of the two minors’ initial declarations to police in 2017. In March 2019, Tomlin was sentenced to 10 years in prison. Tomlin’s sister says the prison conditions are terrible, and she fears for his safety.
Zoltan Ambrus, a vice-president at CDEV, said Tomlin is an honest man with integrity. Ambrus said he has spoken with Tomlin about 12 times from prison. The conversations are rarely longer than two minutes, he said.
“Sometimes (Tomlin) just breaks down and asks for my help,” Ambrus said in an interview. “Other times he talks about the conditions in the prison, and they seem absolutely terrible.”
Tomlin’s supporters are speaking out as Canadian Foreign Affairs Minister Chrystia Freeland travels to Cuba Wednesday. She is scheduled to meet with her Cuban counterpart, Bruno Eduardo Rodriguez Parrilla.
Barbara Harvey, spokesperson with Global Affairs Canada, said the federal government is “aware of a Canadian citizen imprisoned in Cuba.” She said consular officials are providing assistance to the individual’s family and to local authorities.
Alcolado Perez said Tomlin is appealing his conviction to Cuba’s supreme tribunal and a decision is forthcoming.