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Tragic dad flies home
8:06am Tuesday 13th May 2008
Comments (38)
AN EMOTIONAL Arnel Cabrera will bid farewell to Swindon on Tuesday with his dreams of a new life in tatters.
Five years ago, Arnel and his wife Mayra were looking forward to starting a family and a new life far away from the Philippines.
But a drugs blunder, which led to Mayra being unlawfully killed at the Great Western Hospital shortly after childbirth, has changed all that.
Arnel not only lost his wife - he lost his right to stay in this country and bring up his son Zac.
Now, days after the Home Office rejected his visa application, the 38-year-old will board a Heathrow flight bound for the 6,500-mile trip home.
His solicitor Seamus Edney said that Arnel would be going back to the Philippines to celebrate his son's fourth birthday.
He said: "He's had enough of the process and this is the end of the game.
"But this is a travesty of justice for Arnel.
"It's very sad and shocking to think this has happened."
Mr Edney even set up an online petition on his website asking for public support in a last ditch attempt to keep him here.
He added: "He now wants to go back to the Philippines to see his son and get on with his life."
Arnel had given the Home Office a deadline of Wednesday to allow him to stay, but just a day later the Government department turned down his application to stay.
He has now decided to leave quietly and will not appeal against the residency decision.
He will say tearful goodbyes to his Filipino friends in Eldene, with whom he has been staying since the start of the year.
He maintained it had always been his wife's wish to raise their son in Swindon.
Arnel had been granted permission to stay in this country due because Mayra worked at the GWH as a nurse, but as soon as she died his immigration status changed.
Swindon and Marlborough NHS Trust admitted liability for Mayra being administered Bupivacaine intravenously.
She suffered a heart attack, which a post-mortem later confirmed had been caused by drug toxicity.
The Crown Prosecution Service will now decide whether there is enough evidence to charge individual hospital staff, or the Swindon and Marlborough Hospital's Trust with manslaughter.
Lyn Hill-Tout, the chief executive of the Trust, said she was saddened Arnel had lost his right to stay in Swindon.
She said: "This is obviously a very sad conclusion for Mr Cabrera and his family.
"Our sympathies go out to him and his son Zac and we wish him well for the future."
Wiltshire Coroner David Masters had previously written to the Home Office insisting that Arnel be allowed to remain in this country.
And the show of support was also backed up by South Swindon MP Anne Snelgrove and Swindon Council leader Rod Bluh.
Your Say YourSwindon Advertiser
emmylou83, Stratton says...
9:12am Tue 13 May 08
malkym, says...
9:12am Tue 13 May 08
Frontier(s), says...
9:23am Tue 13 May 08
I too wish Mr Cabrera the very best of luck for his family and the future.
In this instance though, when the case is looked at rationally, justice has been done and the correct outcome has been reached.
I'm still not quite sure what's so awful about simply going home to live in the country you were born and raised in.
Meldrews Dad, Wroughton says...
9:40am Tue 13 May 08
How sad that his employer should allow their incompetence to kill his wife and then allow them to hide behind the law to get rid of an embarrassment.
This man should receive a public apology from this town for the horrendous treatment he has received and a first class ticket back to this country to be greeted by our government as a welcome, working immigrant.
Robert Feal-Martinez, Swindon says...
9:42am Tue 13 May 08
MFM, Wiltshire says...
9:54am Tue 13 May 08
Al Smith, Swindon, UK says...
10:02am Tue 13 May 08
Frontier(s), says...
10:09am Tue 13 May 08
It is an awful thing to have happened but it has no relation to whether the man should, or shouldn't, be allowed to remain in the UK.
We would do well to remember that the NHS kills something in the region of 10,000 people per year, most of who never recieve a mention.
What this case does raise, however, is the issue of exactly how the government chooses to deport people. They seem happy to allow terrorists and criminal immigrants to remain in this country but are quick to remove people who have done nothing wrong.
Robert Feal-Martinez, Swindon says...
10:13am Tue 13 May 08
Meldrews Dad, Wroughton says...
10:19am Tue 13 May 08
I know the national front are venting their spleen on this forum but this country owes this man and GWH will eventually end up shelling out a few million in compensation.
Yes, keep illegal immigrants out and stop the stupid euro immigration but remember we are still a civilised decent nation.
Frontier(s), says...
10:23am Tue 13 May 08
Robert Feal-Martinez wrote:Nobody killed her deliberately. At the very worst it'll be manslaughter:
Frontier(s), didn't the inquest return a verdict of unlawful killing, which is why the papers are with the CPS.
The Crown Prosecution Service will now decide whether there is enough evidence to charge individual hospital staff, or the Swindon and Marlborough Hospital's Trust with manslaughter.
and I very much doubt they'll prove that.
Meldrew's Dad - I believe you are correct in that this man will receive a very large financial settlement, likely to run to millions.
This being the case, he and his sons will be able to live like kings for the rest of their lives in the Phillipines - why do people feel they have to live in the UK? It just doesn't make any sense to me.
Robert Feal-Martinez, Swindon says...
11:02am Tue 13 May 08
fran, swindon says...
12:58pm Tue 13 May 08
Al Smith wrote:FYI he was employed by GWH ,we worked in the same dept...
Meldrews Dad - what on earth are you talking about? This man was not employed by GWH - his wife was. This man never applied for a work permit whilst here, even though he could of done.
although this is irelevent to this story.
ras, town says...
1:50pm Tue 13 May 08
i hope the future is brighter for him and his family god knows he needs it, and i wish him all the luck in the world for compensation!!
yeti, swindon says...
1:51pm Tue 13 May 08
his wife died due to neglignece at her place of work.she paid taxes and was a decent member of society.
he and his son should be welcomed with open arms by britain,not kicked in the teeth twice like he has been.
native brits can breed like rabbits and pay no tax etc.but a decent immigrant gets the boot.
it's an absolute disgrace.
give me decent immigrants over scummy brits any day!
Grumpy, Swindon says...
2:03pm Tue 13 May 08
Al Smith, Swindon, UK says...
2:12pm Tue 13 May 08
NIGE, PURTON says...
2:19pm Tue 13 May 08
She reckons she advised Arnel to bring his son back to England as it would help his cause. He said he wouldn't as he didn't want to disrupt his life, so it may be that he never really intended to bring him back permanently if he'd been allowed to stay here anyway.
His other mistake, according to AS, was to force the Home Office's hand by giving them a deadline to make a decision.
Yes, I feel sorry for him for the loss of his wifw, but why send a son who had right of abode, to the phillipines. Then, after getting advice from his MP, who despite all that's said about her on this forum, at least knows how to try to deal with the authorities.
Frontier(s), says...
3:08pm Tue 13 May 08
Check her voting record - she only ever does what she's told.
Although, on one point she is correct... don't anyone dare try and force the clunking fist of Stalin Brown's government - a punch in the teeth is all you'll get if you do.
Just ask Mr Cabrera.
LC, Swindon says...
3:26pm Tue 13 May 08
I wish them all the best and hope that they can now begin to enjoy their life together as a family.
CK, Swindon says...
4:36pm Tue 13 May 08
The authorities then decide to deport this man as an illegal immigrant while at the same time allowing all and sundry, including criminals to take up residence here legally or illegally.
Hypocrasy at it's worst, but then that's "Great" Britain!
watsy999, Swindon says...
5:36pm Tue 13 May 08
who dat?, says...
8:25pm Tue 13 May 08
Mumstheword, Walcot says...
9:01pm Tue 13 May 08
Linda, Swindon says...
9:28pm Tue 13 May 08
ianswindon, swindon says...
9:36pm Tue 13 May 08
Oxford, Toothill says...
10:16pm Tue 13 May 08
There was also another tragic case of the cold blooded killing of the Brazillian born Jean Charles DeMenezies by the police with dum dum bullets and the terrible lies and untruths that were broadcast through the media about this innocent man who was deemed to be living in the UK legally by the then Home Secretary Jack Straw. The comments in the Swindon Advertiser were more or less the same as they are for this case now, with no real care of compassion for the truth, the families concerned, or loss of life. The only thing I can gather by this, is that the majority of the people who comment through the Swindon Advertisers letters and comments pages, couldnt care less if foreign people are killed by ill ministered medication or dum dum bullets, just as long as they are hooked out of this country rapid, legally, or illegally.
There is however some great news for these sick and saddened people. There have been some devastating natural disasters in the past few days with great loss of life, so you can all go up to the Carpenters, swig back a few pints and consol yourselves with that golden nugget comment, that its not our problem, as charity begins at home, and by home it means inside of the four walls of the house.
Outsider, Swindon says...
10:23pm Tue 13 May 08
ianswindon wrote:Agreed that this country has many things that are very odd/don't make sense when it comes to laws, justice etc, but I do believe that despite the awful situation this family was plunged into, he should be sent home.
This country won't deport someone who blatantly promotes terroism(that abduh cleric fella) but will deport someone who's wife was killed by a british hospital and who only wants best for his son.....justice??
I also hope that he is able to get compensation, no amount of money can bring back his wife/sons mother but it would go some way in at least improving life for his son back 'home'.
Frontier it might be worth you investigating a moment or two into finding out more about the Philippines and why a proportion of people there seek work overseas.
Amberflame, swindon says...
11:28pm Tue 13 May 08
SpeakUp, Swindon says...
12:55am Wed 14 May 08
Of course you are right. The very least we could do for Mr Cabrera was to offer him our hospitality after the tragic loss of his wife. Ironically, had he been born in an EU country he would automatically have the right to stay here. Just because he wasn't, he was treated dishonourably. A sad and shocking reflection on our precious 'sense of fair play'. Again.
eminencegris, swindon says...
6:52am Wed 14 May 08
Frontier(s), says...
11:13am Wed 14 May 08
As for Oxford, Toothill's post, the days of essentially calling people racist (which is what you did in a long winded manner) as a means of 'winning' an argument are, thankfully, long gone.
Nobody wishes to see people killed. Pretending that they do, simply because they might not agree with a policy of uncontrolled immigration, reflects poorly on you.
crosspatch, Swindon, Wilts UK says...
11:22am Wed 14 May 08
I do not rejoice at his deportation, but I do feel that he kinda bought it on himself. He totally disregarded the efforts an Anne Snelgrove. she did her best, but she cannot control people like Mr Cabrera, if he chooses to disregard her advice. I fail to see how Mr Cabrera could claim that he wanted to raise hiis son here, yet sent him back to the Phillipines ... that doesn't make sense to me, maybe someone who does understand could explain it :)
Hope he is paid compensation, he deserves it, doesn't mean he has the right to stay here. He will not be in any danger in the Phillipines, he has not been threatened with any violence or imprisonment .... just living in a country that is not as 'rich' as the UK. Well if and when he does get compensation he will be able to live extremely well in the Phillipines and could even try emigrating somewhere else if he so chooses.
I hope he can now build a new life for himself AND his son and I wisjh them both well.
Frontier(s), says...
1:18pm Wed 14 May 08
It's her government who'be just thrown him out, remember, and dear old Anne never does or says anything to go against her pay masters.
Amberflame, swindon says...
11:46pm Wed 14 May 08
In reply to Crosspatch's last post, you seem to be confusing a person from abroad who has been recruited to work here to fill a skills shortage with an Asylum Seeker or Refugee. It's not about wether he has the right to stay here, i'm sure he wasn't demanding it or he would not have returned to the Phillipines of his own free will. I think maybe because he and his wife had something to offer this country before her death, is it right to then ask him and his son to leave after Mrs Cabrera's death. It maybe be the rules but rules are not always fair and right. And in this case i do not think the correct decision has been made. But i hope Mr Cabrera knows that many people believe he should have been allowed to stay and wish him all the best.
crosspatch, Swindon, Wilts UK says...
2:05pm Thu 15 May 08
Amberflame, no I am not confusing the different status of the two, but some earlier comments were making comparisons and I was merely pointing out that being returned to the Phillipines was not the same as being returned to say Zimbabwe... IF he had gone through the channels recommended, and had still been deported then I would be the first to be jumping up and down in protest, but he didn't. Not to say the current system is right, but its the one we are stuck with for now until such a time as we, a democratic nation, get round to changing the gov't. Before anyone jumps on me with ' they are all as bad as one another' yes maybe they are, but if you want to change things, stop coming on here whining about it, get off your butt and go run for parliament as an Independent ( Independent being different to UKIP ;) ) and get others to vote for you!!!
Back to the subject in hand, if Mr Cabrera wanted to raise his son in the UK, why did he choose to send him to the Phillipines? Nobody forced him to do THAT as far as I am aware from the reports I have read! He chose, for whatever reason, to do that. It counted against him, no doubt about that. If his son had been here in the UK, settled into nursery school, settled in the local community etc then Mr Cabrera would have been easily able to prove that sending them both to the Phillipines would be horrendously disruptive to the child. On those grounds alone they would have stood a good chance of staying put.
I feel incredibly sad for Mr Cabrera and his son, they have lost the irreplaceable and deserve a bit of happiness now. I hope they can find that.
Out of interest does anyone know of they have a right of appeal? Is it possible that a campaign could be started to bring them back here?
jfc73, U.S.A. says...
1:37am Mon 21 Jul 08
We used to live in the UK and my God it was such a nightmare! Too many RACIST everywhere you go! Wherever you live or work! You work hard, pay ALL sorts of taxes and yet 60% to 70% of the population live off benefits! Benefits - from OUR taxes! From our HARD-EARNED money! With just a few years, I told my wife - "Lets all pack up and immigrate to America"! We havent looked back since! WE have made the right & the best decision to move! We since are enjoying the very nice Californian weather, earning huge pay as Nurses (3 times more!!!), respected not belittled compared to the UK Nurses who is NOT paid well and who doesn't not even get a THANK YOU from these racist minority! Its a shame, if only most of the UK population are as educated (Like Madame Anne Snelgrove) and as embracing to diverse cultures, it would have become a great country like The United States Of America! To you Mr. Arnel Cabrera, forget the UK, immigrate to the United Sates intead - You & your son will have a better & brighter future!
Anrel Cabrera is bound for home
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Robert Feal-Martinez, Swindon says...
9:06am Tue 13 May 08