Carl Reneau

A man, who just got off a murder charge earlier this month and is facing attempted murder and other charges, was this morning told to apply for bail before the judge who is presiding over his case for attempted murder.  Supreme Court Justice Francis Cumberbatch advised Carl Reneau to seek bail from Justice Marilyn Williams, who is presiding over his case for the stabbing of Robert Hower.  Hower was stabbed while he was walking on Antelope Street on the night of March ninth, 2013.  Just three weeks ago, on March second, Reneau, who was on trial for the 2017 murder of Jaheem Mahler, was acquitted after defense attorney, Baja Shoman made a no case submission before Justice Colin Williams in a trial without a jury.  Shoman’s submission was based on discrepancies in the testimony of the main witness and the fact that no one who could positively identify Reneau as the shooter.  The other offenses which Reneau is now facing were allegedly committed before he was arrested and remanded for the Mahler’s murder.

Kendra Foreman

Two women, who were charged on Thursday for Harbouring a Person Wanted by the Law for a Gang-Related Offense, have now joined that person behind bars after Justice Francis Cumberbatch denied them bail.  Kendra Foreman and Christine Carcamo were nabbed on Tuesday at a house in the Belama Phase four area of Belize City, in the company of Ainsworth Kishawn Foreman.

Christine Carcamo

Foreman was wanted as a part of the City’s State of Emergency from last week by police and as a part of the sweep of persons believed to be connected to street gangs responsible for the recent spate of gun violence in the Old Capital.  The case was adjourned until May twenty-eighth.

The COVID-19 pandemic is the cause of worldwide instability. Huge chunks of economies are shutting down, businesses are closing and the unemployment figures continue to rise. It is estimated that as many as twenty thousand persons have already been left jobless in Belize.  The local bus industry is taking a hit, already operating in a deficit. The Belize Bus Association wrote to Minister of Transport Edmond Castro, asking the government for assistance and assurance to keep the industry up and running. The letter reads, “We desperately need your intervention in this situation, as bus companies are operating at a loss. Please note with the re-scheduling of the runs is still not feasible to cover the cost of daily expenses to operate these buses, especially for fuel and to pay employees.” Secretary for the Association, Ewart Metzgen told News Five that if the bus operators do not receive relief or assistance, they would not have any other choice, but to cease operations. 

Ewart Metzgen, Secretary, BBA

“For the last couple of days our president has been dialoging and has been trying to see what sort of package the can get for us as bus operators because like every other industry that has been hit with what is taking place we have  been taking a beating. We want to keep the bus running as long as we can but right now for all operators, everybody is operating at a loss.  Before long we will compile all the information we both gathered and get it on one paper to try and get in the department. The Minister has promised us based on a letter sent to different departments tomorrow he would have taken our plea to Cabinet. So that is why right now we are in a bit of a rush to try and get this paper together with the financial problems that we are facing. So maybe we can know by week’s end we could start getting some sort of relief to keep these buses on the road as long as possible and as long as the government says we can stay on the road because if things turn for the worst we won’t be able to stay out there because we won’t endangered the lives of our employees.”

Ewart Metzgen

Unlike health workers, bus operators believe they are being left out in the cold when it comes to support during this pandemic.  Today, Secretary of the Belize Bus Association called to say that they are puzzled about the Prime Minister’s response to a question about relief for the bus industry. Ewart Metzgen says that during the live press conference the PM claimed that the bus operators were asking for too much. According to Metzgen that is not so and that he provided operational costs for a week to give the Oversight Committee an idea of how much it costs to keep their operators on the road. Metzgen says that they would at least want some help when it comes to the fuel because that represents a chunk of their costs. Here’s how he explains it.

On the Phone: Ewart Metzgen, Secretary, BBA

“What we were asking for, we were asking for too much and they are looking at to see what sort of assistance they can give. I don’t know how it was presented to him but we were asked to put together a complete overview of our financials for bus operators and send it off to the department of transport so that it could be sent to fin sec to see what sort of relief that bus operators would have gotten. But what we sent – we know that we can’t that but it was for them to see the operational cost of each operator and what we are losing. But if they look at the figures they will see that the fuel cost compared to what we pay in salary is twice that of the salary. Our concern is the fuel part. If we are to continue operating out there, if it is even one or two buses, we still need the assistance of the government even more now that state of emergency has been put in place there will be less people to transport on the road. The operators can’t continue to take the losses and our finances are drying up and so even if from the fuel point of view we need that assistance. To us, we feel like we are being pushed aside and we are not being taken seriously and like we don’t matter any at all. So, through this medium, I would like to say to the PM that the figures that were given to you, we know you can’t give us all that but it was for you all to see the expenses we are going through day to day. It was operational cost for seven days for each individual company that is still operating. If they can give us fifty percent of what the fuel costs or if they could give us the fuel duty free, meaning take away the taxes from it and let’s say maybe we get the fuel for five dollars or five-fifty a gallon or something that will go a long way. Because maybe the extra money we are saving off that we can use maybe to help pay our employees.”

Arthur Saldivar

Tonight attorney Arthur Saldivar remains at the Belmopan Police Station in lockdown. Saldivar’s legal woes began over a Facebook post over the weekend. He was held by the police and eventually released, but on Monday night, the long arms of the law were back at his house. The outspoken critic is now being detained for an unlicensed firearm, but he is yet to be charged, which means that he will spend night two in a cell.  Dickie Bradley, the attorney for Saldivar, says the detention is illegal and he will move the court to act. Here is News Five’s Hipolito Novelo.

Hipolito Novelo, Reporting

Controversial attorney Arthur Saldivar remains in a Belmopan holding cell tonight. He is being held on charges for an unlicensed firearm. His house was searched for hours by police officers on Monday which led to his arrest. He has yet to be charged and sits in a jail cell while his attorney Richard Dickie Bradley repeatedly attempts to understand the delay.

Richard “Dickie” Bradley, Attorney for Arthur Saldivar

“The delay can be spelled in the word malice. It is just malicious. It is just a man who you can’t be muzzled. A man who has a history of speaking his mind. A man who is not afraid of controversy. A man who is not afraid of tackling anybody in high office.”

Saldivar’s legal woes started from a Facebook Live video, which he did on Saturday, claiming that a U.D.P. politician was facilitating the entry of a group of persons, including non-Belizeans, into the country via the northern border. He was arrested and charged for ‘spreading false news.’ A day later, however, the government amended the quarantine measures saying that “any Belizean entering Belize from any country through any official port of entry or caught attempting to enter via any blind spot will be placed in a mandatory quarantine.”

Williams Jones, Uncle of Arthur Saldivar

“I believe it is all about the Facebook post. It has to be.”

Richard “Dickie” Bradley

“Mister Saldivar had been brought to the police station. He was kept here and all the lawyers where calling and we appreciate that he decided on a minor charge that he was spreading, some stupid charge which will not hold up in court that you will charge a man of that nature for saying that people were being brought in through the northern border when lo and behold on the very Sunday thereafter there is a formal public release from the government acknowledging that people are coming through there. It is stupid my boy.”

Saldivar pleaded not guilty to the minor charge. He has yet to be charged and arraigned on the firearm offenses.

Richard “Dickie” Bradley

Richard “Dickie” Bradley

“Yesterday for over three hours in the night while a large contingent of police officers conducted a search. It is my understanding that search turned up two further weapons which are duly, lawfully legally license in a family member’s name because Arthur is staying at the family residence in Camalote. Mister Saldivar was brought back to the Belmopan police station where he continues to languish in one of those filthy dirty cells for which the police department has become so infamous for. He is being held on the allegation that his personal firearm is not a licenses firearm. It was always license but the licensing procedure has fallen behind or at least that is the allegation. His basic counter to that allegation is that he holds a formal government receipt that he has he has paid to the Government of Belize for his license.”
Hipolito Novelo

“Sir regardless of the reason, shouldn’t it have been his responsibility to keep up to date with the gun license?”

Richard “Dickie” Bradley

“Yes, but if you are driving a vehicle when they stop you at the check point and when the police says that you license up from yesterday. Oh mien it slipped me. That makes you a criminal? That makes you that they can keep you in a cage like criminal?  Is that how we want to treat our citizens?”

Reporter

“How long was his license up?”

Richard “Dickie” Bradley

“My understanding is that it was several weeks that it was expired.”

And the police’s time to charge Saldivar is about to expire.

Richard “Dickie” Bradley

“The constitution was amended to say maximum two days. The police must take a person to court no later than forty years. Anybody who goes to law school knows that that does not mean that you keep somebody there until forty seven hours and then release. That doesn’t mean that you could have charge me yesterday but hold me until tonight and then charge me to go court. It means you use your head. No matter what, not even coronavirus, a person is not to be held beyond forty eight hours.   Mister Saldivar could have been charged this morning and brought to the Belmopan court. He could have been charge later in the morning. He could have been charge even up until now two o’clock when the magistrate court closes for the day because of the new protocols as a result of the virus.”

Hipolito Novelo

“If he is detained longer, is there any legal route that you can take to go to the Supreme Court to have him released?”

Richard “Dickie” Bradley

“Most certainly. We are going to prepare for that tomorrow.  If for some unforeseen reason he is not granted bail papers are already prepared to go to the Supreme Court and get bail for Mister Saldivar.”

Bradley says that Saldivar’s arrest is politically motivated.

Richard “Dickie” Bradley

“As things now stand he is basically the equivalent of a political prisoner, sitting I a police station for which he has not been charge and for which it is gun charge you don’t need any complicated investigation. This man has no history of violence. This man has no history of threatening anybody. This man has not fired a shot at anyone. That is how you threat him? That is how you threat a citizen of you country? To deprive you of your freedom? They treat you like you are some kind of potlicker dog locked up inside a dirty filthy cell? That is how we treat our people? Because he is Arthur Saldivar? Because he likes to talk and run off his mouth? Can you imagine what they will do with some other people if they get their hands on them?”

Reporting for News Five, I am Hipolito Novelo.

Among the items found at Arthur Saldivar’s family residence in Camalote Village was a bulletproof vest.  For this, he was charged with being in possession of an unregistered bulletproof vest.  But according to Saldivar’s attorney, Richard “Dickie” Bradley, the prosecution attempted to convince the magistrate to remand Saldivar.  Bradley says that having a bulletproof vest without the permission of the Commissioner of Police has a penalty of five hundred dollars.

Richard “Dickie” Bradley

Richard “Dickie” Bradley, Attorney

“They say they found one or two bullet proof vests and I will tell you this and you can look back on the record, some poor misguided minister who doesn’t know anything once upon a time signed a statutory instrument which is not a law that goes to the National Assembly, making a bulletproof best a prohibited item for which a person automatically is denied bail and if found guilty goes to jail for a minimum of five years. There have been unfortunate citizens including a lecturer of our university who has felt the brunt of that law. A stupid law because a bulletproof vest is manufactured to save lives. In a violent society we should all have a bulletproof vest when we go to funeral in Belize City. Bullets are always flying there. That law has been put aside a long time ago. You just apply to the Commissioner of Police if you want a bullet proof vest. If doesn’t grant it to you no problem. If you still have it the most you pay is five hundred dollars for having a bulletproof vest.”

Richard “Dickie” Bradley

In most cases, persons charged for firearm and ammunition offenses are automatically remanded to the Belize Central Prison. That’s because the Firearms Act makes the offense non-bailable. Saldivar’s attorney, Richard “Dickie’ Bradley, however, says that the Act also has provisions that allow the attorney to present special circumstances to the magistrate for bail consideration. 

Richard “Dickie” Bradley, Attorney

“At the end of the day we also pointed out that the law which requires that a magistrate is not to grant bail a lot of persons have overlooked the fact that that law also says a magistrate for special reasons can grant a person bail. We provided various special reasons as the law requires and she asked questions and she wrote down the matter. In the end our older generation would say, ‘God is great’, that the malice against Arthur Saldivar has come to an end at this phase.”

Arthur Saldivar

Attorney Arthur Saldivar believes he is being targeted. The usually outspoken lawyer was first arrested on Saturday and charged with ‘spreading false news’ and on Monday he was arrested for firearm and ammunition offenses. Saldivar believes that the police have been given instructions to target him. He says that his recent run-ins with the law have to do with the redistricting case that is currently before the courts.

Arthur Saldivar, Charged with Firearm Offenses

“It appears to be that there were high powered rifles, from distance. Those holes are quite deep and I don’t think the vests that were found here were going to do anything to that. Certainly, I believe that it was a message for me after the challenge was filed for the redistricting case.”

Hipolito Novelo

“When was the message sent?”

Arthur Saldivar

“It was sent right after Christmas. In fact my mom was here. When I am here I am normally here with my two children, both minors. So it is somewhat concerning and what is most interesting is when I told the police this, they didn’t bother didn’t bat an eye to this, didn’t even look.”

Hipolito Novelo

“What would the message be and why is it that you are linking it to the redistricting case?”

Arthur Saldivar

“I link it to the redistricting case because every time I had a situation of national importance where it had been the issue of passport scandal or now with redistricting I have been receiving threats. Now it has gone beyond threats. I actually lost my freedom for a couple of days. I don’t take that lightly. I believe that after this took place, the shots, there was an expectation that my behavior would have been curtailed to a certain degree. But I don’t fear for my life.”

Attorney Arthur Saldivar was released from detention today after he secured bail at the Magistrate Court. Saldivar is facing a slew of firearm and ammunition offenses following a police search at a house in Camalote, which he says is the home of the extended Saldivar family.  The attorney spent two nights in lockdown and he believes he has been targeted since the weekend when he made a Facebook post that did not sit well with authorities.  News Five’s Hipolito Novelo reports.

Hipolito Novelo, Reporting

It was an experience he says he wishes on no one.

Arthur Saldivar

Arthur Saldivar, Charged with Firearm Offenses

“I didn’t realize how much you would miss seeing the sun and the sky even for just two days. It was not in those nasty cells.  But it is not something I wish on anybody, to be locked up.”

After spending almost forty eight hours in a holding cell in Belmopan attorney Arthur Saldivar today walked out of the Belmopan Magistrate Court a free man. He was offered and met bail of twenty thousand dollars. This is after police slapped him with firearm related charges: four counts of kept ammunition without a gun license, kept firearm without a gun license and being in possession of an unregistered bulletproof vest.

Officers found a twelve gauge pump-action shotgun, one twenty gauge cartridge, two point two-two rounds of ammunition, seventy four rounds of nine millimeter rounds of ammunition, twenty five twelve gauge cartridge and one bulletproof vest. The items are found at Saldivar’s family residence in Camalote Village on Monday night.

Arthur Saldivar

“This is not my home. This is the family’s residence. I spent time here from time to time.  A part from that I was also charged with kept unlicensed ammunition related to a point two-two caliber firearm. My father who is now deceased, he was murdered n 2014, was the license holder of a point two-two Smith and Wesson pistol. I would not be doing any kind of deep cleaning in this house to search for possible rounds in here. Again, it’s not my home. Outside from that there was a twenty gauge cartridge that was part of the search that came up. This is Camalote Brother Fem would know that the people from Camalote would go shoot iguana and garobo all the times. My dad was a lover for these kind of meats and he would buy rounds for these people who would do that. Again that would be possible explanation for why one was here but certainly it was not within my purview of knowledge. I was also charged for possession of bulletproof vest, two bullet proof vests. I first say those things when the police unearthed them during the search. I had no idea they were here.”

After being arrested and charged for ‘spreading false news”, Saldivar was arrested when authorities realized that his gun license had not been renewed after it expired weeks ago.

Arthur Saldivar

“Let me explain quickly, I have been in and out of the country, one and as result the date passed. I have been involved in litigation in Dangriga primarily for a number of months. Outside of Belmopan and Belize City there is no other place to license the firearm so it did pass. However in a normal course that is not an issue. In a normal course there is a penalty to be paid once you pay the penalty the license is issued. That is what was done. The penalty was paid and the license was issued, legally. It is not unheard of that there are lapses. It happens all the time. In fact I know of more egregious situations where people have lapsed for years and there is no issue because once the license is granted. It can only be revoked under certain definite conditions and expiration is not one of the conditions for revocation.”

Saldivar was released on specific bail conditions. Representing Saldivar was attorney Richard “Dickie” Bradley.

Richard “Dickie” Bradley

Richard “Dickie” Bradley, Attorney for Arthur Saldivar

“All of this was unnecessary. Arthur Saldivar has a firearm. If it wasn’t licensed just tell him to go down to the station, license your firearm. Don’t they do that to the Chinese? Ever see a Chinese come to court yet because he forgot to license his firearm since he is so busy selling chicken.  We ask that they put the regular conditions. That he report to the Roaring Creek Police Station. He is not to interfere with the witnesses which he cannot because they are all police officers. When they hear that now they will go to his house and search for something else. Yes, you all know that is true that.”

Saldivar is expected to return to court on July twenty eight. Reporting for News Five, I am Hipolito Novelo. Reporting for News Five, I am Hipolito Novelo.

The full force of the law is coming down on persons who violate the measures of the state of emergency. Countrywide, more than four hundred persons have been arrested and charged; they could face up to five thousand dollars each in fines.  In Belize City this morning, these persons showed up to court for arraignment.  They gathered in front of the Magistrate Court building, generally observing the six-foot social distancing guidelines. Some say, however, they were caught in the wide net cast to contain COVID-19. Here is News Five’s Duane Moody with a report.

Chester Williams, Commissioner of Police

“Over the weekend alone, over three hundred and twenty-eight persons to be exact were charged. By Friday morning, a total of seventy-eight were charged so overall, we charged about four hundred persons.”

Duane Moody, Reporting

Over four hundred persons have been picked up and charged since April second when a nationwide state of emergency was declared in Belize; a curfew between eight p.m. and five a.m. was instituted that gave the Police Department the power to charge those who are caught on the streets between those hours without a pass signed by the Minister of National Security. The draconian measure was put in place to help with preventing the spread of the deadly COVID-19 virus, for which Belize has already recorded its first death.

Chester Williams

Chester Williams

“Officers must exercise discretion, especially in terms of persons who are moving around during the non-curfew hours. But while yes, they need to exercise discretion, I have said to them I do not want too much discretion to be exercised because at the end of the day, if it is that we exercise too much discretion then it would create that too many people are out on the streets. And the more people we have on the street, the greater the potential for the virus to be spread.”

Today, outside the courthouse in Belize City, scores of Belize City residents stood waiting for their names to be called, while for the most part adhering to social distancing guidelines. They were all picked up and charged within the last four days and slapped with one of nine charges under the law, including: Breach of curfew, Unable to provide reasons for movements outside curfew period, approved business operating outside specified time or keeping business open when required to be closed, failing to practice social distancing, failing to abide by social distancing protocols and hosting or attending a social event in breach of emergency.

But Heather Foreman says that on Saturday evening, even before the curfew was in place, she received an emergency call from her mother and went to visit her a few blocks away on Mayflower Street. By the time she returned to her yard, a female police officer approached her and told her that she was going to be charged for violating the law.

Heather Foreman

Heather Foreman, Lakeview Resident

“I get wah emergency call on Saturday evening at 5:20 p.m. from my mom because she is a sick patient with cancer. So I gone fi gone see what’s the situation with my mom. No police officer neva stop me or ask me the reason I was on the street. Upon reaching my mom house, I come out and went back home to Lakeview Street. Still noh know what is the problem for the police mobile coming under speed into Lakeview Street. Upon reaching my yard, the W just jump out and tell me get into the mobile. Dehn noh tell me reason why. They ker me to the substation on Vernon Street and one of the male right from there that I done pass and come home, he get ina the mobile and ker me dah the station on Euphrates Avenue and he read out to me that he di charge me fi noh have a reason why I deh out pan the street. Finding out that I get charge fi curfew. If dehn say that curfew deh out at eight p.m., why dehn still di pick up people early and di charge people fi curfew?”

But ComPol Williams says that some residents seemingly have no regard for the health of others when they fail to comply with the state of emergency and curfew.

Chester Williams

“We continue to see defiance on the part of some Belizeans who are just downright hard-headed and just don’t want to adhere to the regulations that have been put in place and as a Police Department we have the responsibility to ensure that we do what needs to be done with a view to ensure that the end state of the state of emergency is achieved which is to minimize or to stop the spreading of this deadly virus.”

Duane Moody for News Five.

Chester Williams

The Kolbe Foundation recently introduced a system where inmates can make virtual court appearances from the Belize Central Prison.  It’s a system that is also being considered by the Belize Police Department in dealing with persons who have been charged for violation of the state of emergency.  In keeping with social distancing protocols, it has been suggested that persons appear before the magistrate’s court virtually, from a location inside the respective precincts.

Chester Williams, Commissioner of Police

“Well we know that they do go to court, they get bail and go to court.  I spoke to a magistrate this morning and I could call her name, Magistrate Patricia Arana from Orange Walk, and she suggested to me to see if we can probably set up a virtual room at the police station where the persons would be able to answer to the charges from the station instead of going to the courtroom, through Skype or some other means.  I see it as a very good method that we would be able to look at so as not to have that crowd going to the courtroom.  After all, we are trying as hard as possible to not have a number of persons in one area gathered and as well as to ensure that people do maintain social distance.  So I think that her suggestion this morning is a good one and it is one that we are going to explore.”

Attorneys headed to court today in the matter of a Guatemalan fugitive. On Wednesday, the Immigration Department surrendered a fugitive to Guatemalan authorities.  Edgar Cortez, who also goes by the name Walter Jerome Rosales Garcia, was wanted for the crime of murder in his home country.  The incident dates back to March twenty-fourth, 2014, when Cortez allegedly took part in the murder of Dimas Raudel Trujillo Barrera in Melchor de Mencos.   Following the incident, Cortez reportedly fled across the border into Belize where he was captured in San Juan Village six years later.  Cortez, who has Belizean documents, was turned over to Guatemalan police, despite retaining the services of attorney Norman Rodriguez.  This morning, after filing a writ of habeas corpus, Rodriguez spoke with the media.

Norman Rodriguez

Norman Rodriguez, Attorney at Law

“I am informed through informal means from the Crown that he is also known as Walter Rosales which I don’t know much about.  I came here today because I had filed an application for habeas corpus in relation to my client’s liberty, trying to get him freed because he was detained on Friday and up to Monday there were certain things that he did not know why he was detained and so on.  So I immediately filed the application and informally I’ve been instructed or advised that he was expelled.  I filed the application and it came up for hearing today, but my understanding is that the Crown is filing an affidavit in response, so I cannot deal with an application or represent my client properly if I don’t get to see the affidavit and take instructions from his common-law wife who lives in San Ignacio.”

Isani Cayetano

“Can you tell us why he was detained and the subsequent reason for his expulsion?”

Norman Rodriguez

“Well you see, I am at a loss here because when I went to Belmopan I spoke to the officer who assisted me in allowing me to see my client and he could not give me any other information other than Interpol has him.  That has been the only information I’ve been able to get from the police.  So even if I say I have gotten informal information as to why he’s detained, it would not be even proper I believe because as his attorney, I am supposed to speak on formal information, official information.  So as far as I know up to this point, I have no idea why he was detained.  I have no idea where he is at this point.”

Isani Cayetano

“What is his status though, is this individual a Belizean?  Is he a national for another country?”

Norman Rodriguez

“When my client was detained, my instructions are that he was detained as a Belizean.  He has a Belizean passport and he further instructed me that he has a Belizean voters ID, a Belizean Social Security [Card] and a Belizean birth paper and that is what I went on.  And so, as far as I am concerned, he’s a Belizean.”

On Wednesday, the International Court of Justice held its first ever virtual plenary meeting. It required the president and the registrar to be available in the deliberation room of the Peace Palace in The Hague, while the remaining members of the court participated via videoconference. In that sitting, the I.C.J. considered pending judicial matters and adopted an order on procedural issues. Now, as it relates to the dispute between Belize and Guatemala, the I.C.J. has granted an extension of six months, from June eighth to December eighth, 2020, to receive Guatemala’s Memorial.  The Counter Memorial of Belize is now to be filed on June eighth, 2022.  A release from the I.C.J., dated April eighth, 2020, the Agent of Guatemala requested an extension of twelve months for the filing of Guatemala’s Memorial due to the COVID-19 pandemic, which has delayed its preparation of that pleading. But on April fifteenth, Belize objected to Guatemala’s request, seeking only a two-month extension. The I.C.J., however, found middle ground and agreed to a six month extension for Guatemala.

Michael Peyrefitte

Responding to the LPG importers today was Attorney General Michael Peyrefitte. As mentioned, Gas Tomza Limited, Southern Choice Butane, Zeta Gas, and Belize Western Energy Limited have decided to appeal the ruling of Acting Chief Justice Michelle Arana who denied the companies an interim injunction to tie the government’s hand. Peyrefitte would not comment in detail because the matter is still before the court.

Michael Peyrefitte, Attorney General

“Well I don’t know. We will find out when we go to the Court of Appeal. We will make our arguments and the Court of Appeal will decide how it feels fit.”

Audrey Matura

In her ruling last week, Justice Michelle Arana, was of the view that there exists issues to be resolved by the court in a pending constitutional claim. Attorneys for the importers are relying on the rights of the importers to freely conduct business and that by denying them a license; the government is violating the constitution. 

Audrey Matura, Attorney-at-law

“The reason we have a constitutional case before the court is very simple. Under the constitution, section fifteen and other sections that we are also relying on; section fifteen says that you have the right to work in any field you want, any trade, any business you want. It is right here in the constitution, right at section fifteen. And if that right is violated, you can go to the court. The claimants, the LPG companies, is saying I have a right to operate freely as an LPG importer. The government, however, is violating that right, we are saying, by creating a monopoly company. The monopoly company is the National Gas Company. But not only have they created a monopoly company and saying from now on nobody else can import LPG, only this company. In doing that, we are saying it is a violation. And we are saying it is more than just a violation, the Belizean public should be worried because when you create that monopoly now, the same thing that is happening right now at the gas pumps where the government controls the price and there is only one person bringing in fuel and no matter how low the price goes, the government refuses to give you cheaper fuel. That’s the same thing they want to create right now with butane. And the reason they want to create that with butane is that once they have one company doing all the importation, they can do that. Under the legislation creating the monopoly at section seven, the government made it clear that you are a monopoly company, the National Gas Company, will not be paying any, any taxes: not environmental tax, not income tax, not GST, not land tax, not exchange control tax, absolutely no taxes. So for fifteen years, this company that will have full control as to what they import in butane and the prices along with government, they will control that. They will not only control that, but will not be paying taxes. The present companies, there are six companies importing LPG right now, those companies pay all those taxes; that’s revenue the government will lose. So the case is more than just their constitutional rights. So they are also bringing a claim under section six of the constitution which says that you have the right to be treated fairly and equally under the law; the equal protection of the law. Right now, the monopoly law, act number twelve of 2019, is only giving special protection to the National Gas Company and not to the others.”

Time is quickly running out for Gas Tomza Limited, Southern Choice Butane, Zeta Gas and Belize Western Energy Limited to continue in business. That is because the Supreme Court has ruled against the LPG importers who were seeking an interim injunction that would have allowed them to continue in the business past April thirtieth. Last week Acting Chief Justice Michelle Arana denied the injunction to restrain the government from refusing to issue licenses to these companies. As you know, the government has shares in the new National Gas Company which has been granted a fifteen-year exclusive importation license.  Attorney Audrey Matura has now filed a notice of appeal to the Court of Appeal, which she is being pushed to be heard ahead of Thursday.

Audrey Matura

Audrey Matura, Attorney-at-law

“The reason we had to file an injunction is because the clients, the claimants got a letter from government saying that we will not give you any more importation license. So we then went for this injunction. The injunction was denied; there were different reasons that the court gave for denying the injunction although the court held that there is a serious case to be tried on the constitutional mater. So the update to that is that we have filed a notice of appeal—I have the receipt right here. We filed the notice of appeal to the Court of Appeal, however, we are waiting for a date and of course we are applying to have it heard immediately simply because it is a matter of urgency because come the end of this month, there will be no more importation license to the claimants.”

Audrey Matura

The matter is going before the Caribbean Court of Justice in an expedited hearing, though a written judgment from the Court of Appeal has not been perfected.  According to attorney Audrey Matura, they are anticipating the written judgment in order to proceed with the case at the C.C.J.

Audrey Matura, Attorney for LPG Importers

“On Monday we filed our notice of appeal and on Tuesday we filed our expedited notice of appeal, meaning we wanted the matter to be heard expeditiously.  By Tuesday night we got word from the president via the registrar that we had to file our legal submissions supporting our notice of appeal at nine yesterday and the government attorneys filed theirs at two and by nine o’clock last night we got a decision.  The decision was basically that they will not grant us the appeal, that they will affirm the decision of the justice below but it’s not a unanimous decision which is a plus for us.  The three judges who sat on the matter, as president, Honorable Justice Sosa, he sided with the government.  Justice Haffiz sided with the arguments of the government and Justice Ducille sided with the arguments of the claimants.  So it was a split decision but majority being in favor of the government.  The written reasons, the reasoning that went behind their decision has not been handed down yet.  They did send us an email via the registrar because they never communicated with us directly, saying that the decision will sent at a later date.  I subsequently sent them a letter today through the registrar again indicating that we need that written decision promptly because we intend to appeal that decision to the Caribbean Court of Justice.  Right now time is of the essence for us, so although they said they affirm the decision below we do not know the reasoning that went behind it and we are looking forward to hearing it and we definitely look forward to hearing what’s the dissenting decision in the matter.”

An inaugural shipment of liquid petroleum gas arrived at the Port of Big Creek this morning, following a direct route from the U.S. Gulf Coast.  At news time this evening, the vessel is offloading one point four million gallons of LPG at a storage facility in the south.  On Wednesday night, however, a panel of three judges presided over an appeal brought before the high court by a group of LPG importers whose license to bring in butane and other gases expired today.  The appeal filed on behalf of Z Gas, Gas Tomza and BWEL by attorney Audrey Matura was dismissed at around ten o’clock in a late night decision.  Matura had filed an injunction against the Government of Belize at the Supreme Court which had also been dismissed by Chief Justice Michelle Arana.  This afternoon, Attorney General Michael Peyrefitte briefly commented on the matter.

Michael Peyrefitte

Michael Peyrefitte, Attorney General

“The Court of Appeal did rule last night around ten o’clock which is an unusual time that there was an appeal by some LPG providers, Gas Tomza and them.  They wanted to force the government to buy their butane and the Court of Appeal upheld the position that the government decides who it buys butane from.  They cannot force the government or the people to do what they don’t want to do.  So the ruling did come down in favor of the government last night.  Gas Tomza and them, I think they were represented by Audrey Matura and Molina, and the government was represented by Ms. Agassi Finnegan.  So if I’m not able to give an interview on that, that is what happened last night officially because some people are not believing that a judgment was handed down at ten last night.  But that was the case, we won the case we will see now whether or not Ms. Matura and Mr. Molina will try their luck at the Caribbean Court of Justice.”

Attorney Audrey Matura finds herself at the end of a very stern letter from the Court of Appeal. Matura is the attorney for Gas Tomza Limited, Southern Choice Butane, Zeta Gas and Belize Western Energy Limited, the companies which are in a legal war with the Government of Belize over the monopoly National Gas Company. Both the Supreme Court and the Court of Appeal have ruled against Matura’s client and on April thirtieth, she wrote them a letter asking for the written ruling. She followed up with another letter but the response was a reprimand from the court. Matura says that while people might interpret it as the Court of Appeal scolding her, it is standard for attorneys to request for a written ruling.

Audrey Matura

Audrey Matura, Attorney At Law

“It is standard for attorneys to want to get a written decision from any court, from the Supreme Court, from the Court of Appeal, from the Caribbean Court of Justice. On the thirtieth, I wrote a letter to the President of the Court of Appeal just asking for a decision, asking if I could have gotten it by the fourth of May. One of the reasons being I cannot give my clients advice without knowing the written decision. So when I didn’t get that letter then I got back a rather terse response which that letter was not leaked and I don’t intend to leak it myself. To me it is standard as attorneys that the court will act so because they are the ones who have the final say. We are always at the mercy of the court. Then I wrote a letter on the fourth indicating why I really need the decision but apart from wanting the decision for my client, I am also engaging the services of a constitutional lawyer based in Trinidad, a reputable attorney at that too, and he asked the basic thing: has the court given a decision, can you write and ask for a decision? We attorneys have to advice clients based on a decision. I said no and then I got that response. At the end of the day it does not matter if people see it as a scolding or not. If you would go to court you would be surprise how the judges carry on when they deal with you and as an attorney all you do is say much oblige my lord, you humble yourself and you represent your client. In this case it is no big deal for me. At the end of the day all I want is a written decision. I need a copy of the written decision and I hoping that very soon we will get one. In terms of whatever comments are made and so it is neither here or there because Hipolito it does not change the fact that whoever for their own agenda released it and want to make it a personal attack against me, they can attack me personally all they want but they can never attack the information that I talk ,the issues of our case and the fact that this LPG monopoly that is being created is a matter that is being challenged in the court and there is reason for my challenge.”

Edgar Molina

A man, who was arrested and charged in April for possession of unlicensed firearm and drug trafficking, today received bail on condition that they adhere to certain conditions. Supreme Court Justice Herbert Lord granted Edgar Molina bail of eight thousand dollars and ordered him to report to the Police weekly and to not interfere with the witnesses in the case. Police allege that Molina was apprehended in the Billy White area of Cayo on April seventeenth with the unlicensed gun and about a quarter pound of marijuana.