Manuel Pacheco

Belize City jeweler, Manuel Pacheco this morning walked out of the Supreme Court a free man after he was found not guilty of the murder of his next-door neighbour, Jose Manuel Villanueva.  In acquitting Pacheco, Supreme Court Justice Colin Williams found that in self-defense, a person reacts to defend himself based on perception that at the time, it is deemed that his life is under threat.  The justice took into account Pacheco’s dock statement in which he said that Villanueva had threatened him more than once before the fatal confrontation and that on the evening of the incident, he saw Villanueva pull out a gun then heard a bang during an argument that they had gotten embroiled in.  He said that Villanueva had also threatened to do to him what he had done to his dog. Pacheco said that when he heard the bang, he pulled his licensed pistol and fired at Villanueva. Pacheco’s jewelry shop is located next to the residence where Villanueva lived on East Collet Canal and the two had been having disputes since they became neighbours in 2012.

Mauricio Lemus

A Belize City man was taken before Magistrate Aretha Ford this afternoon to face a charge of Aggravated Assault upon his mother, after he allegedly raised a pickaxe with which to hit her. The prosecution alleges that on March fifth, 2020, Mauricio Lemus went home on Banak Street and asked his mother Maria Enriquez for twenty dollars and when she told him she could only give him, he flew into a rage and tried to hit her with a pickaxe.  But, according to the prosecution, Enriquez’s common-law husband ran to her rescue and prevented Lemus from assaulting his mother. Lemus denied the allegation, telling the court that he never asked for the money and that he would never assault his mother.  He entered a not guilty plea and was granted bail of one thousand dollars on the condition that he must move out of the house. Lemus promised to relocate to East Collet Canal.

Supreme Court Justice Francis Cumberbatch today granted bail to twenty-eight year-old Edgar Orellana. Orellana is charged with sexual assault upon a minor.  The incident allegedly happened in the month of October 2019 in Belize City. Orellana was granted bail of five thousand dollars on the conditions that he must not interfere with the victim and that he reports to the police station every week.

Bobby Lopez

When he appeared last on the media, Chairman of the Elections and Boundaries Commission, Doug Singh explained that it would be too time-consuming to conduct a redistricting exercise before the General Elections; and that it was the same people who are now trying to get the government to carry out the exercise that demanded that the re-registration be conducted first.  But today, Belize Peace Movement member, Bobby Lopez disagreed with Singh.

Bobby Lopez, Belize Peace Movement

“It’s a matter of which comes first—the horse or the cart. We felt that you needed to reregister first and then with that information, you then redistrict. How can you redistrict and then reregister when you don’t know what you have? That is totally absurd. Come on Mister Chairman. Fool di talk, but dah noh fool di listen. Really, really, you had to reregister first and then take that information and now create the boundaries of what would be nearly as equal constituencies across the country. From the last time that we did a redistricting—and it wasn’t really a complete redistricting—technology has improved that we have been informed that a redistricting in this age could take nothing more than a week.  In fact, one of the experts we spoke to—it is all technology now—he said man, you would be surprise how we could actually do it in hours once all the information is in there. And really we have almost all the information, just coming out of the re-registration, except for the corrupting of the list in the transfer months that took place—where we end up with forty people living in a restaurant—most of the information is still pretty intact.”

Reporter

“You said it can be done within a week and then you said within hours. In theory it is possible, but these things are also—like the election—very expensive. You have to mobilize people; you have to have strategies in place, so the logistics of it may not be so practical. What’s your response to that?”

Bobby Lopez

“I no longer want to hear excuses for us following our constitution. If we can spend millions of dollars on roads going nowhere, man we could spend two, three million dollars on getting this right. We feel we are a democracy, then let’s practice what democracy stands for. And the first pillar of democracy is fair representation. If you don’t have that pillar in place, everything falls apart. And that’s why we are seeing the decadence and the rule of law not even respected by those who make the law. Those who swore an oath of office that they would uphold the law and the constitution are actually saying they will fight us all the way to the Appeal Court to obey the constitution. What ridiculous nonsense is that? No man. Listen, we can find two, three million dollars. Approximately it is ten dollars per voter; that gives you about two million dollars—two hundred thousand by ten dollars. Come on, we could find that and we could get this. I would probably be surprised if every Belizean wouldn’t prefer to give their ten dollars to the government and say let’s get it right.”

Lopez said the Belize People’s Movement is willing to go into the schools to educate the youth on issues such as the redistricting. They also invite students to attend the court hearings so they can learn more about the matter.

Arthur Saldivar

Chief Justice Kenneth Benjamin today adjourned the redistricting case until next Friday to allow Senior Counsel Andrew Marshalleck, on behalf of Interested Party in the case, Lord Michael Ashcroft, to present affidavits as it relates to the expert witnesses who they are seeking the court to consider to give testimony.  Marshalleck explained, with apology, that the particulars of those expert witnesses are still not available hence he asked the court for an extension to provide those documents.  Chief Benjamin allowed the extension to next Wednesday for the case to resume on March thirteenth. Attorney for the Belize Peace Movement, Arthur Saldivar explained to reporters what is expected next week in court, while Bobby Lopez said he is interested in seeing what the expert witnesses will bring to the table.

Arthur Saldivar, Attorney for the Belize Peace Movement

“Next Friday we come back give the court our assessment of the persons who are to be considered to be the court’s expertise–whether we accept them or don’t accept them and on what basis we accept to reject them. Being a good Christian, I believe in the redemptive quality. We believe that all men can be redeemed. In this particular instance, a man, who is seen as taken a lot away from Belize, is looking to give us back something. If he is going to insist by paying for these people, hey, all power to him. We don’t know who the people are yet. He is paying for the expert. That is his contribution.”

Bobby Lopez

Bobby Lopez, Belize Peace Movement

“We have our experts. I want to see what different these experts are going to bring that our own homegrown Belizean experts haven’t produced to us. Quite honestly, and what they will be paying fifty-five thousand U.S. for when we could keep that money right here in the country or actually have someone here in Belize being paid that amount. Don’t short change ourselves. We always think that expert has to come from outside. Man we could fix this problem and we have the technology to fix this problem and the expertise, the knowledge, that we can fix this. So we are waiting, we are bidding time; I’ve come to understand that with the court you have to be very patient. I can see that the Chief Justice is a very patient person. But we are confident that in the end, we will get it right.”

Lopez informed that the Peace Movement has embarked on a countrywide education campaign on the importance of holding a redistricting exercise before the General Elections.

Alden Lara

Today, police escorted Alden Lara before Magistrate Kadeem Palmer to face a charge of murder.  Lara is accused of Tuesday evening’s shooting that claimed the life of Michael Barrera. The social worker had just placed an order for food at a takeout outlet on Central American Boulevard near its junction with Iguana Street. Police said that the shooter came from the direction of Iguana Street and was targeting another person, who was also waiting to be served at the business establishment. It was presumably a gang-related attack. The intended target fled and managed to escape unscathed. Police had detained several persons, but only Lara has been charged. He is remanded to the Hattieville prison until June second.

Norman Rodriguez

A special constable who is charged with eight counts of Unlawful Sexual Intercourse with a Minor today made his second appearance before a Supreme Court Judge to seek bail while he awaits his trial. But his application could not be reviewed because the documents pertaining to his case were served too late for his attorney to review them.  The special constable, Jeremy Bermudez will have to wait until next week Friday to appear a third time before the Supreme Court to apply for bail.  Bermudez’ attorney, Norman Rodriguez told News 5 today that while he is happy the matter is still alive; he was disappointed that they could not proceed for yet another week with the bail application.

Norman Rodriguez, Attorney for Special Constable Jeremy Bermudez

“The prosecution or the crown brought its objection and I was supposed to respond to the objection. It sort of poses a challenge because the prosecution came with something different from what they said last week and that is one of my contentions. I did not have time to review the objections or to take instructions from my client because it was only served to my office yesterday afternoon and I was out of the city in San Ignacio. This morning I didn’t have the opportunity to provide my client with those objections and allow him to instruct me on how to proceed. So the judge allowed me the opportunity to prepare a response for my client.”
The charges against Bermudez arose out of a report that from July of 2018 up to February of this year, he was sexually active with a girl, who was thirteen years old when the first incident occurred.  Bermudez was attached to the Precinct 1 Police Station up to the time of his arrest.  His case will resume in the Magistrate’s Court on April 21st. 

Tayvon Castillo

Twenty-year-old Tayvon Castillo today found himself before the courts, charged with Obtaining Property by Deception, for allegedly collecting money for a vehicle that he never delivered to its buyer. Castillo is accused of collecting two thousand dollars as down-payment from Rigoberto Enriquez for a vehicle worth eighteen thousand dollars with monthly instalments of five hundred dollars.  However, Enriquez filed a report that Castillo never delivered the vehicle even after he had proceeded with several payments.  Senior Magistrate Trinia Pitts-Anderson offered Castillo bail in the sum of three thousand dollars.  This is the fourth such charge brought against Castillo.  A few weeks ago, he was taken before Magistrate Kadeem Palmer after three other persons claimed that he also conned them into paying him for vehicles that he never handed over to them.  He was offered bail of two thousand dollars in that instance and was ordered back to Court on March thirty-first.

Kenroy Daly

A man and two minors were denied bail this afternoon when they appeared before Magistrate Aretha Ford on a charge of robbery. Twenty-year-old Kenroy Daly, a resident of Sarstoon Street and the two minors, aged fifteen and seventeen, are accused of robbing Christian Ruiz by force of a Samsung phone and other personal belongings on March eleventh.  They pleaded not guilty and Magistrate Ford denied them bail on grounds that the case against them is very strong and that the crime they committed is one that is prevalent on Belize City streets. The two minors appeared in court in the presence of their fathers and a social worker, who will investigate the matters pertaining to their case.

Malik Stuart

A mechanic of Maskall Village was escorted before Magistrate Aretha Ford this afternoon to face a charge of harm upon Sherlette Arnold.  The incident allegedly happened on March eleventh in Belize City.  This was the second time in as many weeks that twenty-five-year-old Malik Stuart has appeared before the courts with a charge upon the same woman.  Two weeks ago, he was bound over the peace and ordered to avoid making contact with the witness.  But today in court, Stuart was the one who said that it is Arnold who is troubling him. Stuart fought back tears and told the magistrate that Arnold is bringing false charges against him because he wants to break up with her and that she is the one seeking him out.  He asked the court to also bring a restraining order against her.  Stuart was advised to take out the restraining order in another courtroom.  He was granted bail of eight hundred dollars on the condition that he leaves Belize City and returns to Maskall Village.

Lev Dermen

Closing arguments were heard earlier this weekend in the U.S. case against Lev Aslan Dermen.  He stands accused of defrauding the U.S. government of more than one billion dollars in a bio fuel tax fraud scheme. The fifty-three-year-old alleged fraudster was granted Belize nationality in September 2013 and was recommended for a c consular post in Las Vegas. The case in the U.S. shook the core of the ruling United Democratic Party and forced the Prime Minister to remove John Saldivar as leader elect of the U.D.P.  In the wake of the serious allegations of corruption and bribery against Saldivar, he resigned from Cabinet. Text messages between Jacob Kingston, C.E.O. of Washakie, who has pleaded guilty to fraud and Saldivar shows that Saldivar received fifty thousand U.S. dollars from Dermen. Investigators say that the monies were obtained from the tax fraud. After denying that he received the cash, Saldivar later accepted that he got the monies from Dermen. Saldivar remains a member of the House of Representatives and sits on the back bench.  Jurors will begin deliberations for Dermen on Thursday to determine his fate.

Andrew Marshalleck

The parties in the redistricting case before Chief Justice Kenneth Benjamin have reviewed the affidavits of the expert witnesses that are to be brought forward by interested party in the case, Lord Michael Ashcroft.  The case is brought before the Supreme Court by the Belize Peace Movement against the Elections and Boundaries Commission and the government, since it has not conducted a boundary redefining or redistricting exercise to make the thirty-one constituencies more proportionate with the number of registered voters. Attorney for the Peace Movement, Arthur Saldivar indicates that the claimants are satisfied with the affidavits for expert witnesses. Kileru Awich, who is the attorney for defendants, says, however, that he intends to object to the expert witnesses on whether their testimonies are necessary at this juncture.  Awich also intends to file two more applications with respect to the substantive claim itself.  Chief Justice Benjamin ruled that the appointment of an expert is to be made by March seventeenth, and that the defense has until March twenty-seventh to file its two applications in respect to the substantive claim.  Following today’s adjournment, attorneys Saldivar and Marshalleck shared that the opinion that the defense is just “buying time.”

Andrew Marshalleck, Attorney for Lord Michael Ashcroft

“I think the whole approach, and you will likely see it going forward, is to buy as much time as you can and unfortunately the way the system works, it lends itself to that.”

Reporter

“So you think that they are trying to force the situation where the election needs to happen before this case?”

Andrew Marshalleck

“Well I don’t know that they can do that. First of all, no election date has been set; it doesn’t have to be set for quite some time. One of the arguments that are being run is certainly that look we don’t have enough time to do redistricting because elections are too close. And our response to that is no election date is set so how can you say that it is too close, first of all. So how can go well into next year.”

Arthur Saldivar

Arthur Saldivar, Attorney for Belize Peace Movement

“I believe that the defendants or the respondents have exposed their fear. I believe there is a fear being exposed in terms of what has been happening in terms of the panel of lists which invariably will be borne out once the exercise is done. So they are saying that they want to challenge the admission of experts. The only time that will happen Daniel is when people are fearful of what is to be discovered. So that’s why interpretation of the move today by the representatives of the Elections and Boundaries. They are seeking to cover up what they know to be a very real fault with the registration exercise. They are objecting for objecting sake. They are talking about geo-coding and that geo-coding is not the only way that could be used, but these are matters that the experts will answer and the experts will be given parameters to work with. So if it is that the Elections and Boundaries is apprised and has access to the expertise, they will know exactly what parameters to set because it is not a one-way thing; it is not just the party seeking to bring the matter that has the right to instruct the expert or give suggestions. Everybody will have that opportunity; so they will have that opportunity as well and ultimately it is the court that will decide.”

Reporter

“Do you think sir that it is a stalling tactic given that time is not on anyone’s side if you are to contemplate that well the elections are to be called within the next few months and then now we have a delay and then another delay? Do you think that is the tactic that they are trying to employ?”

Arthur Saldivar

“Again, certainly it is a delay; an unwarranted and unnecessary delay. But as I have said before, we cannot knowingly go forward with an unconstitutional state of affairs. So it doesn’t matter how long they delay, it has to be done. The constitution has to be given its prominence. But outside of that now, as you have certainly been following in the news locally and internationally, there has been now the move towards discouraging mass congregations and mass assembly of people which elections will bring at this particular time. So with the coronavirus and what it presents being an issue, we may not want to have elections now. It may be one of the ways that many people would be sick. We don’t want to and then again, I mean the Government of Belize has only committed nine hundred thousand.  That’s the value of the Belizean life. So with that little bit of money, we can’t really and truly expect that people would be put at risk.”

Meanwhile, member of the Peace Movement, Paco Smith, in a related matter, told reporters following the adjournment that his team – as part of civil society – has still not received a response from the Attorney General’s Office in which they are seeking clarification regarding the progress made thus far towards the implementation of the United Nations Convention Against Corruption. The UNCAC holds governments to more stringent guidelines in dealing with matters that provides potential opportunity for corruption to occur.  Smith says that they wrote the AG’s Office from early January and have so far not received any indication that their correspondence was even received. 

Lev Dermen

Earlier today in a Utah court, a jury convicted Lev Aslan Dermen of conspiracy and money laundering. Dermen, as we have been reporting, was accused of defrauding the U.S. government of one point one billion dollars in a bio fuel programme.  Dermen, who acquired Belizean nationality under the name Levon Termendzhyan, was convicted of two counts of conspiracy and eight counts of money laundering.  The trial lasted seven weeks, during which the key witness, Jacob Kingston, testified against Dermen saying that Washakie Renewable Energy was used as the vehicle for the fraud. During the early part of the trial, Kingston also presented text exchanges, showing that former minister John Saldivar was receiving tranches of cash from Dermen.  But Dermen still has to face a civil matter to determine which assets he must give up. But that will come later due to the coronavirus pandemic.

Wilfred ‘Sedi’ Elrington

According to Elrington, a statutory instrument would have to be instituted in order to effect a travel ban for passengers entering the country via the P.G.I.A.   In that case, he says, all travelers would be barred from arriving in Belize, no matter their country of origin.

Wilfred ‘Sedi’ Elrington, Minister of Foreign Affairs

“Unless and until there is some measure taken by Belize either by way of law or statutory instrument or the like to prevent people from coming in at the P.G.I.A., to close the P.G.I.A. down, nobody at the P.G.I.A. would have the authority to turn back anybody.  They would only have the authority to turn back somebody if in fact the Government of Belize were to take a decision to close down the P.G.I.A.  It doesn‘t matter what nationality the person comes from.  Now, if the decision is taken by the government to close the P.G.I.A. then nobody would be able to come in except if there is a waiver officially, and that includes Guatemalans and any other foreigner.  I don‘t think we would ever be in a position legitimately to close it to Belizeans, but to others who are not Belizeans that could be done by legislation and then those people would not be able to come in irrespective of where they come from, whether they come from UK, U.S.A. or Guatemala, they will not be able to come in.”

Ana Herrera

A woman, who claims she is a chef in San Pedro, was today arrested and charged with possession of an illegal firearm and sixteen rounds of ammunition. Ana Herrera, represented by attorney Kathleen Lewis, appeared before Justice Francis Cumberbatch and was granted bail in the sum of ten thousand dollars plus two sureties of the same amount. Herrera was apprehended on Thursday evening while on her way from Belmopan to Belize City. She must hand over her travel documents and report to the police twice a week and must not interfere with the witness, who, in this case, was the police officer who arrested her.

George Bull

A man, who is charged with a murder that occurred in 2017 and for whom a preliminary inquiry has still not been completed, was denied bail today in the Supreme Court.  Crown Counsel Reese Cattouse explained that George Bull has still not been committed to stand trial in the Supreme Court because there was a delay with his P.I. at the Magistrate’s Court.  However, Justice Francis Cumberbatch ruled that the preliminary inquiry be conducted within two months and that Bull can seek bail at that time.  The crown objected to bail on grounds that Bull is not being deprived of his right to a fair trial within a reasonable time.  Bull is accused of the December 2017 murder of James Pelayo in Orange Walk.

Kent Martinez

A police corporal, who allegedly shot and killed a teacher as he drove in a vehicle in downtown Belize City last July, was today committed to stand trial in the June session of the Belize City Supreme Court.  Corporal Kent Martinez is accused of the shooting death of Allison Major, who was struck to the back of his head as he drove a pick-up truck on Regent Street on the approach to the Belize City Swing Bridge.  The incident happened on the afternoon of July sixteenth, 2019. Special prosecutor in the preliminary inquiry is attorney Alifah Elrington, who convinced Magistrate Stephanie Gillett that there is sufficient material to bring a case against Martinez. Among the evidence are twenty-one statements from police officers, including video images from the scene.  Magistrate Gillett ruled that Martinez will face trial for manslaughter.  The fatal shooting began with a high-speed chase on South Street when police, in a mobile patrol vehicle, pursued Major, who was driving a pick-up truck.  The chase continued on to Regent Street and ended when Major was shot in the back of the head as he passed in front of the Commercial Centre.  The gunshot wound caused him to slam into a passenger bus before coming to a stop.  He was taken to the Karl Heusner Memorial Hospital, where he later died from the gunshot injury. Martinez’s trial is set to start on June sixteenth.

It’s been almost a week since five-year-old Kia Herbert was senselessly murdered inside her house on Pitter Street in Belize City; she was with her mother, Frances Herbert when shots were fired from outside towards the bedroom in which they were sleeping. On Saturday, police charged two men for her killing as well as the shooting of her mother, Frances and today, Lindon Hinds and Kendale Flores were hauled before the courts and arraigned for the murder of the infant. Hinds and Flores were additional charged for Attempted Murder, Grievous Harm, Use of Deadly Means of Harm and Conspiracy to Commit Murder. Superintendent Alejandro Cowo told News Five that the senseless killing of the infant was as a result of a dispute and that on March sixteenth, there was an incident at that house.

Alejandro Cowo

Supt. Alejandro Cowo, O.C., C.I.B., Eastern Division

“On Saturday morning, police arrested and charged Lindon Mark Hinds, twenty-seven, and Kendale Flores, twenty-five years, both of them for the crime of murder. They were also charged for attempted murder, use of deadly means of harm and dangerous harm.”

Reporter

“Sir are you able to say…it appears as still very senseless shooting that led to the death of this five-year-old. Are you able to say what caused these gunmen to kill this baby and shoot her mom?

Supt. Alejandro Cowo

“Yes it is indeed a senseless killing. They were the innocent victims and the intended target, as far as we know, resides at that residence. And we know that there was an altercation between them earlier in the day that escalated into this shooting. Police during the operation picked up a number of persons; I think the intended target was also in the group of persons where he was interviewed and as a result of that, we received certain information which assisted us in this investigation.”

Reporter

“Sir is there any concern that they obviously failed to go after the target they intended. Is there any concern that another attempt may be made on that person’s life, putting other family members at risk for a second time?”

Supt. Alejandro Cowo

“Well police presence in that area is high. We are monitoring that Pitter Street area because we know of the incident that transpired and we know the possibility of a retaliation; hence the reason police visibility in that area is very strong.”

Several others were hauled before the courts last Friday and remanded for other murders that occurred in last week’s bloodbath.  They include two fifteen-year-old minors who were charged for the murder of Keith Courtenay, which occurred back on March third. Also arraigned was Paul Smith who was charged for the March seventeenth mid-afternoon murder of Derrick King on West Street. Smith was additionally charged jointly with Randy Green, Charles Middleton and Luciano Novelo for conspiracy to commit murder.

But a man, who allegedly broke into the law office of former Belize City Mayor, Darrell Bradley and stole artwork and miscellaneous items worth over two thousand dollars, was denied bail.   Jason Hernandez, a resident of Albert Street, is accused of removing the wood carving, a fan, and other office fixtures from the law firm of Bradley Ellis and Company on Regent Street, which is right in his neighbourhood.  The incident occurred on Wednesday of this week.  Magistrate Tricia Pitts- Anderson adjourned the case until May twenty-seventh.

Delson Carrillo today sought and was granted freedom while he waits for his case to be called to trial.  He is charged with having unlawful sexual intercourse, which means that he had sexual relations with a minor. Carrillo also appeared before Justice Francis Cumberbatch and was granted bail of five thousand dollars plus one surety of the same amount on the conditions that he does not interfere with the complainant and that he returns to the Magistrate’s Court on his next scheduled proceeding.  The incident for which Carrillo is charged allegedly happened on March eighteenth in the Orange Walk District.