Oscar Itch

Also appearing in the Belmopan Magistrate’s Court today was Corporal Oscar Itch; he was arraigned for ten counts of forgery, for which he pleaded not guilty. On Monday, the firearms section of the Belize Police Department in Belmopan was closed as an investigation ensued into the allegation of fraud. The investigation revealed that between December 2019 and June 2020, several persons were issued gun licenses that did not carry the signature and sealed authorization of the Commissioner of Police which is to be presented to a gun dealer for the purchase a gun. Further checks were made with the Firearms Clerk Office and those gun permits issued by the gun dealer also did not appear in the register. The investigations revealed that Corporal Itch was the only officer involved in the illegal firearms ring. It is alleged that he sold just under thirty licenses at three thousand dollars each. We caught up with Itch’s attorney today, Leroy Banner for a comment on the matter, but he told us that that his client informed him to not provide an interview.  Itch is set to reappear in court on the October twenty-eighth.

A politician was hauled before the courts today where he was read a single charge of failure to provide a specimen. P.U.P.’s standard bearer for Belmopan, Oscar Mira was arraigned following an accident on Friday night. But is it that cops are being stringent with the law or are they being used to target the politician?  The latter is what Mira believes. He says this is all a political ploy that he believes is being orchestrated by his opponent, who happens to be the former Minister of National Security, John Saldivar. Here’s the story:

Andrea Polanco, Reporting

Belmopan P.U.P. Standard Bearer Oscar Mira and a small group of supporters gathered outside of the Belmopan Police Station this morning. Around eight-thirty this morning Mira and his attorney Anthony Sylvester walked into the police station where Mira was charged for failing to provide a specimen, following a road traffic accident on Sunday night on the George Price Highway. Mira feels that the charge is being used as a political smear tactic.

Oscar Mira

Oscar Mira, Charged with Failure to Provide Specimen

“I think that this charge on my person is to tarnish my image and my person here in Belmopan. I don’t believe that there is any merit. It is going to court. I will be charged. I haven’t been charged as yet and we will defend it vigorously.”

Reporter

“How does this stand to affect your political endeavors? For a man that virtually has a clean slate, a clean record, you are now among the fallen angels, per se?”

Oscar Mira

“Not at all, sir. I think that they are trying. My opponent is trying and unfortunately he is using the police department. That is unfortunate to try and tarnish my image in Belmopan. But those that I work with everyday and those that I serve know that is not Oscar Mira.”

The accident happened around mile forty-five on the George Price Highway around mile forty-five on Friday night. Mira says that he was driving to Belmopan when he collided into the back of a vehicle parked in the middle of the highway. Mira also alleges that the driver, a police officer, was asleep inside the vehicle at the time of the accident. In an interview on Tuesday, Commissioner of Police Chester Williams gave a different account. ComPol Williams told the press that the vehicle was parked on the side of the road.

Chester Williams

Chester Williams, Commissioner of Police [File: June 30^th, 2020]

“In respect to the matter in Belmopan with a police officer who was in a vehicle parked by the road side and that vehicle was subsequently ran into by a vehicle driven by Oscar Mira. That matter is currently being investigated by the police.  You would know that the police officer who was in the vehicle sustained severe head injuries and is still in the hospital. While Mr. Mira is saying that the vehicle was parked on the road and he may not have seen it before colliding into it, from a legal perspective that is tantamount to driving without due care and attention because if you are paying attention while driving you should be able to see an obstacle in front of you.”

Oscar Mira

“I think that the Commissioner of Police should have done a little bit more of an investigation. He should have looked at the pictures that the scenes of crime took. It clearly shows that this vehicle was parked on the middle of the road. I don’t know where he got the information but last night I was showed a picture of a passer-by who took a picture of the scene and it clearly shows it was no more than a feet or two from the center line of the highway. Also, I was called by a motorist who was some minutes ahead of me and said listen I went to the Belmopan Police Station to give a report because I almost slammed into that vehicle; had it not been for an oncoming vehicle who flashed his light I wouldn’t have seen it and I came to give the report and said that vehicle was parked in the middle of the road and there was someone sleeping inside.”

Mira sums it up as a witch-hunt; a political ploy orchestrated by his opponent. He says he was not under the influence of alcohol that night – that’s not a reason why he didn’t comply to give a urine or blood sample.

Oscar Mira

“I hope that the same vigorous way that they investigated me and brought charges that it is done across the board.  I think you know of many cases where accidents have happened and there have been fatalities and up to now there hasn’t been a charge against anyone.”

Reporter

“You failed to provide specimen because you were under the influence – some can argue that?”

Oscar Mira

“No. No. I think that, and this will be revealed in court. There are specific instances where you should ask for a specimen. But I can categorically say that I wasn’t drinking. I wasn’t drunk. The evidence will be presented in court and I am very sure that I will be exonerated on these charges.”

Mira was processed and charged at the police station and about ten thirty He was escorted over to the Belmopan Magistrate’s Court – where his supporters followed along. He was arraigned on a single charge of failure to provide a specimen. The matter was adjourned for September third for disclosure.  Reporting for News Five, I’m Andrea Polanco.

The ruling by the C.C.J. was grounded on equitable treatment since for over twenty years the receipts went into an escrow account rather than directly into the consolidated revenue fund and for over twenty years, the government had no complaints since they received all the money they were entitled to. Attorney General Michael Peyrefitte, this afternoon provided comments on the ruling by the C.C.J. which used very strong language on the government’s high handedness. But while he took a different approach from PM Barrow’s “can’t pay, won’t pay;” Peyrefitte says it will take time for the Supreme Court to determine the quantum of damages. In the meantime, interest would be accumulating. 

Michael Peyrefitte, Attorney General

“We treat when it comes down in our favour the same as when it comes down against us because one, you can’t do anything about it. And two that’s how you train to deal with decisions like that professionally. So we are prepared for what it would mean if it came in our favour and what it would mean if it didn’t come in our favour. So when it came down it is just a matter of dealing with whatever is said by the judgment.”

Michael Peyrefitte

Reporter

“But the prime minister has said we can’t pay.”

Michael Peyrefitte

“Well the C.C.J. has said that there is nothing to pay at this point. They sent the matter back to the Supreme Court for the Supreme Court to determine the amount that we should pay. So that amount hasn’t been determined yet. So even if we wanted to pay now, how much yo pay. Even if we wanted to move now…we have to pay because we are bound by the judgment. That’s the judgment and we will have to pay. The question is when and that when is determined by how much and how much is determined by how long the Supreme Court will take to determine that amount and then there could be an appeal of that and then there could be an appeal of that back to the C.C.J. So if you think about it going all the way back to the C.C.J. to determine an amount, it could very well be another year before you get an actual figure as to how much you should pay.”

Reporter

“Are you disappointed at the ruling given the lower courts’ rulings?”

Michael Peyrefitte

“I am disappointed at the ruling because of the law not just necessarily because of the lower courts’ ruling. I believe the law is clear. I don’t know how you can say that a contract is illegal, but at the same time there is a breach of it. How can you breach something that is illegal?”

The C.C.J. on Tuesday delivered a severe decision against the government using language like abuse of power, high-handed, and inconsistent with good governance. . The judgment handed down is in respect of an appeal filed by Belize Investment Services Limited, the former parent company of IMMARBE and IBC registries is a scathing indictment of the manner in which the Government unlawfully acquired assets belonging to a company partly by Lord Michael Ashcroft.  The written decision which was made public immediately following the teleconference from the C.C.J.’s seat in Trinidad, involves terse language describing government’s autocratic approach in respect of B.I.S.L.  The quantum of damages will now be calculated and determined by the Supreme Court of Belize, but earlier today Lord Michael Ashcroft was candid in a one-on-one interview with News Five.  Touching on a number of issues relating to the judgment, Ashcroft gave an initial reaction to the decision, pointing out that government has set a dangerous precedence of failing to comply with the ruling of its highest court.

Michael Ashcroft

Lord Michael Ashcroft

“First of all, it is important to understand that the ownership of B.I.S.L. is a fifty-fifty joint venture and fifty percent is owned by the Panama law firm of Morgan & Morgan and the other fifty percent is controlled by a company of mine.  So indirectly, my interest is about forty-five percent of B.I.S.L.  So it’s not a hundred percent Ashcroft company here, but this has been a long journey remembering that in 2013 the government just walked into the registry and physically took possession of it in breach of the extension agreement.  They did not seek to go to court to say that the extension was either unlawful, illegal or whatever reason that they gave.  So after seven years the Caribbean Court of Justice has said that the Government of Belize acted unlawfully, improperly and should have sought a more amicable statement.  So obviously B.I.S.L. has been vindicated at the C.C.J., but of course this is only a stepping stone.  The C.C.J. has said that B.I.S.L. is entitled to damages and that those damages in the lower courts were assessed by government’s expert at being twenty-four million U.S. dollars and by B.I.S.L.’s experts at forty-three or forty-four million dollars.  Somewhere between those two figures will be the ultimate amount of damages and then we’ve already heard from the attorney general that their intention after that would be to put to the House and go through the same charade that we have gone through with Universal Health Service with the so-called vote of confidence which is fascinating for international investors who will see for the second time if that happens that Belize as a nation does not comply with the orders of their top court, the Caribbean Court of Justice.”

Dean Barrow

The road ahead for B.I.S.L. to collect on the damages is uncertain as it will entail another round of litigation once a quantum is settled at the Supreme Court.  According to PM Barrow, an appeal of that decision is imminent on either side and whenever the C.C.J. has presided over the matter in the appellate jurisdiction, parliament still has the final say as to whether it votes in favour of paying the ballooning debt.

Prime Minister Dean Barrow

“In terms of where we go from here, well as you know, the court did not fix damages.  It sent it back to the court of first instance here for an assessment of damages to be done.  That will, I imagine, take some time.  In any event, I am sure that whatever figure the court comes up with will be appealed either by the Ashcroft consortium that’s won the appeal on the merits, if they think the award is too small or by us if we think the award is too big.  That’s going to work itself right up the chain again and end up back in the lap of the C.C.J.  By then, of course, I will no longer be a politician, I will no longer be in government and so maybe I shouldn’t comment on what will happen when the end of the road is finally reached.  But my record is there, when I think these things are ultimately the fault of the previous administration, when I think we end up in a pickle because of their misdeeds, when I think that we are dealing with an opponent that is of the nature that we know that opponent to be, you know me, ultimately since again parliament would have to vote whatever funds the final award amounts to and they will be talking of course about foreign exchange.  If I had anything to do with it, my position is clear and is already on the record.  But by the time it comes to that, I am afraid sir that I will no longer be in the picture so let me not say anything more on that particular score.”

Last Friday, PM Barrow preempted the ruling of the Caribbean Court of Justice by publicly stating that government won’t and can’t pay any damages awarded to Belize International Services Limited in respect of the 2013 ship registries takeover.  As it turns out, the C.C.J. has in fact ruled that the acquisition of the companies were unlawful and that it shows just how high-handed government was in appropriating IMMARBE and I.B.C. and then not settling with its owners. This morning, the prime minister shared a reaction to the scathing judgment that was handed down earlier this week.  While the C.C.J. is the final court of Belize, the PM kept saying that the government won the case in the local courts. While he acknowledged that the C.C.J. saw things differently, he pointed the finger at the Opposition for drafting the agreement with B.I.S.L. in the first instance.

Dean Barrow

Prime Minister Dean Barrow

“In terms of the decision itself, let us be quite clear as to what has happened.  Number one: we won in the Supreme Court; we won unanimously in the Court of Appeal.  The C.C.J. has gone a different route, they are the final court of appeal and we simply have to accept their ruling although, of course, we strongly disagree with it.  But if you in fact deconstruct the ruling, let us understand what has happened.  The judges, in the majority, accepted our contention that that contract was tainted with illegality, tainted by illegality.  In fact, that that contract was unconstitutional, but in effect what they said, while government ought to have tried to renegotiate the contract to see if it could be cured of the unconstitutionality.  Again, I make the point that they don’t know the animal with which we are dealing; but, in any case, let us be quite clear that that illegality, that unconstitutionality that they found is an illegality, is unconstitutionality they say perpetrated by the government and that is because government is government is government.  We know that it was perpetrated by a particular administration.  We know that it was the People’s United Party that in fact signed that contract in the way it was which caused us in the end to say enough, so the illegality and the unconstitutionality was perpetrated by the very lot that runs to court every two minutes to talk about breaches of the Finance and Audit Reform Act, breaches of the constitution.”

Marco Ramos

A resident of the Belama area of Belize City is out on bail tonight after he was reportedly nabbed with more than two pounds of marijuana on June thirtieth. Marco Ramos is charged with Possession of a Controlled Drug with the Intent to Supply Another when he appeared before Magistrate Kadeem Palmer this afternoon. Police allege that Ramos was intercepted with one thousand eighty grams or two point thirty-eight pounds of marijuana on Gwen Lizarraga Street on Tuesday of this week.  Ramos was offered and met bail of four thousand dollars and he is to return to court on September third.

Hanselma Sutherland

A woman, who is employed by the British Army Training Support Unit Belize, is out on bail, while she prepares to face trial for theft. Forty-year-old Hanselma Sutherland of a Mirage Road address in Ladyville is accused of stealing an assortment of grocery items from BATSUB at Price Barracks on June seventeenth.  Sutherland was escorted before Magistrate Tricia Pitts Anderson today and pleaded not guilty. She was offered bail of one thousand dollars which she met. She was ordered to return to Court on September first.

Cesar Romero

Two men who are awaiting trial for sexual offences were granted bail by Supreme Court Justice Colin Williams, after attorney Ronell Gonzalez argued on their behalf.  Cesar Romero of the D.F.C. area in San Pedro Town is charged with having unlawful sexual intercourse with a thirteen-year-old girl.  The incident is alleged to have happened on January tenth, 2017 on the island.

Elbert Cal

Romero was granted bail of seven thousand dollars on the conditions that he does not interfere with the prosecution’s witnesses, and that he does not leave the jurisdiction without first getting permission from a Supreme Court Judge. While, Elbert Cal of San Antonio Village, Toledo is charged with four counts of sexual assault, upon a young woman for alleged incidents that occurred in March of this year.  He was offered bail of six thousand dollars.

Attorney Arthur Saldivar had his day in court on Thursday when he was cleared of one count of spreading a false rumour.  On March twenty-ninth, Saldivar was arrested and charged when a statement that was deemed false was uploaded to his personal Facebook page. The post claimed that G.O.B. was allowing persons to enter the northern border and that it was putting Belizeans at risk. On Tuesday, the trial started in the Belmopan Magistrate’s Court and concluded on Thursday when the matter was thrown out. Attorney Dickie Bradley explained what happened in court.

Richard ‘Dickie’ Bradley

Richard ‘Dickie’ Bradley, Attorney

“The case against Arthur Saldivar concluded in the Belmopan Magistrate’s Court just a few minutes ago in which the charge that he was spreading false news collapsed. In the sense that from a legal stand point, the police having presented their witnesses and evidence and tendered their documents and CDs, that there was nothing to link Arthur Saldivar with the allegation that he had put out those things. That is an elementary matter in court, nuh, if you charge me with something at least some evidence to show that I am the one driving the vehicle when the person was knocked down or whatever. So, in terms of what they presented, the warrant of arrest for us, it is kinda important; the warrant that is used that the law requires when you are arresting a citizen there is a procedure. The warrant quoted the wrong law. The officer was good enough to say he was instructed to charge, Mr. Saldivar. That is a shocking piece of thing because nobody does any investigation. Get that man, bring ah and charge ah. Man, the law requires that whoever makes an allegation the police is to conduct an independent investigation. We are leading towards a police state where they can call and tell you to arrest somebody. Mr Saldivar is taken to the station and he is read an arrest warrant – that law says – I wouldn’t say what that law says but it is the wrong law.  The charge sheet weh they charge ah pahn quote the wrong law. How can you charge me for X and come to the court for W. Once it is a magistrate, once it is any court of law – thank God it nuh reach the stage where they can call the magistrate and the judge who fi find guilty. So, the magistrate was presented with that. So, the third error, the warrant they the charge somebody who names Arthur Anthony Saldivar and then the paper work and the person in court is another Saldivar.  So, those are three major errors that when the evidence are brought and all the paper work and the CD and suh, it amounts to nothing. Look what the trial magistrate did – your honor, the law wrong, no facts deh ya – the magistrate tells him he doesn’t have a case to answer.

Arthur Saldivar

Arthur Saldivar, Acquitted of Charge

“Do I feel vindicated; certainly the outcome has exonerated me. At the end of the day, it has been exposed that this was something of malice and not really something of merit. So, I continue and there are other battles to fight. Sad to say, coming from the same ilk and we shall be here again.”

Dean Barrow

Turning to the ruling of the recent ruling of the Caribbean Court of Justice, the former Attorney General, Francis Fonseca, says that Prime Minister Dean Barrow has gone rogue and is disregarding the rule of law. Pre-empting the C.C.J.’s ruling last week, Prime Minister Barrow famously told the nation that he “won’t pay, can’t pay.”  Within days, the Caribbean Court of Justice ruled on Tuesday that Barrow’s takeover of the Belize International Services Limited and IMMARBE was unlawful and unconstitutional. In delivering a blistering judgment contained in one hundred and forty-eight pages, the C.C.J. found that there was nothing wrong with the initial B.I.S.L. contract which stated that receipts should go to the consolidated funds. However, for twenty years, under the past and current administrations, receipts went to an escrow account and government never did anything about it but seized the registries in 2013.    Fonseca said today that Barrow is displaying a blatant disrespect towards the high court of the law and rule of law. 

Francis Fonseca

Francis Fonseca, Area Representative, Freetown

“We have a rogue Prime Minister on our hands who has over and over again demonstrated an absolute disregard for the rule of law. He is wrong on the law. The Prime Minister is wrong on the law in terms of several issues. One, he talked about the Chief Justice’s decision. He is fundamentally wrong on that. The Chief Justice did hand down a decision. He made a ruling and to have the Prime Minister of a country get up and effectively say the Chief Justice’s contract was never renewed so that ruling in effect never existed. I mean that’s an absolute disgrace. In terms of the recent ruling, again the disregard for the rule of law. It is just arrogance to say we can’t pay, we won’t pay. Absolute arrogance.”

Steven Moss

The murder case of Steven Moss got underway today before Supreme Court Justice Colin Williams in a trial without a jury. But while the case was set to start, it had to be adjourned until Tuesday because the prosecution’s main witness failed to show up to testify.  Justice Williams adjourned the matter to give the prosecution more time to locate its witness.  In the meantime, the statements of four witnesses were admitted into evidence.  These include two crime scene technicians—the person who identified the victim, and a police officer. Moss, a construction worker of Queen Charlotte Street in Belize City is accused of the murder of thirty-one old Daniel Anderson, who was shot dead in the wee hours of Sunday, October first, 2017 in front of Bismark Club on Queen Charlotte Street. At the time, Anderson was with friends at a birthday celebration when a dispute erupted between Anderson and others.  The dispute ended up outside where Anderson was shot in the chest. Others at the event were also wounded, though not fatally. Moss is being defended by Attorney, Oscar Selgado, while Crown Counsel Riis Cattouse is leading the case for the prosecution.

The Public Service Union saga on the Hilltop property has come to a peaceful conclusion. In what was to have been a case management in a counter-claim made by Simplex Design Limited, the parties amicably settled all matters with no cost for either parties. Today, attorneys for the Public Service Union, the Belmopan City Council and Simplex Design Limited went to court for a case management before Chief Justice Michelle Arana, but all parties were able to come to a resolution that will see the P.S.U. remain at their Belmopan headquarters until the end of August. Back in May, the Public Service Union and the Belmopan City Council reached a settlement in the form of another piece of property following mediation. Attorney for Simplex Design, Estevan Perrera briefed the media about what transpired.

Estevan Perrera

Estevan Perrera, Attorney, Simplex Design Limited

“As you would recall on the last occasion, we were before another judge and we had applied to strike out the claim that was against Simplex. There was a claim at that time and the judge had agreed and that claim was struck out. In response, we filed a claim against the PSU and that matter was being brought up today for case management. Fortunately, all the parties were able to meet up and agree. The matter was settled amicably by all parties. What we can say is that our clients remain with the property and that they had also agreed to allow the PSU to remain on the property up until August thirty-first of this year, at which time the PSU will vacate the property.”

Reporter

“This is a good end to the entire thing not only because of how it looked in the public – and it didn’t really have anything to do with your cline but more with the two parties?”

Estevan Perrera

“Correct. We are happy that it is settled. I think all parties are happy with the outcome at the end of the day.”

Reporter

“Your client proceeds to construct or any idea on what’s going to happen there?”

Estevan Perrera

“Well, now that the matter is settled and he remains with his title, I believe he is now looking at all options available to him on what he will do on the property and where he will take it from there.”

Attorney Magali Perdomo represented the Belmopan City Council, while attorney Stacey Castillo represented the P.S.U.

In the local courts, Opposition Leader John Briceño and Chairman of the Public Accounts Committee Julius Espat have made an application seeking that the Chief Justice’s ruling against Prime Minister and his government be formalized. The former chief justice Kenneth Benjamin retired before providing a written judgment which he handed down on January thirty-first, 2020. Benjamin made an oral judgment in the Supreme Court ruling that the Prime Minister who is the Minister of Finance spent one point five billion dollars from the public purse unconstitutionally.  The former C.J. ruled that the consequence will be postponed until after six months of the ruling, allowing the Barrow administration to amend the Constitution. But last week, Barrow claimed that the C.J.’s oral judgment is a non-decision since Benjamin is now functus and did not perfect the order. That statement has come under fire with attorneys pointing out that oral judgments are binding. The P.U.P. says that the Prime Minister is gravely mistaken and has now applied to the court to have the six months grace period lifted and the order normalized so that the problem can be addressed. Julius Espat explains.

On the Phone: Julius Espat, Chairman, P.A.C.

“The application is just to formalize the oral judgment that the Chief Justice has done just to make clarity and we want the courts to be able to follow through on the judgment that the Chief Justice had previously done before he retired. So we are just doing our due diligent and we are asking the court to act on it. Remember the Chief Justice gave the Prime Minister six months to fix whatsoever problem that was indicated. Six months is about to be up and nothing has been done. That is one. Two, the Prime Minister has totally dismissed the oral judgment given by the judge so now we are asking the court to act on that oral judgment to make sure that what decisions were made were follow. There was a period that the Chief Justice had given which is six months for the Prime Minister to fix the problem that were listed in the oral judgment. So that is what we are asking. Fix that so that the penalties can go forward so that we can fix the problem.”

A U.S. District Court in Maryland has handed down one of the biggest judgements against a local businessman in a case which has been described as one of the biggest scams investigated by the U.S. Federal Trade Commission.  The court on Monday, ordered John Usher to pay one hundred and thirty-eight million U.S. dollars, which is more than a quarter billion Belize dollars, in the Sanctuary Bay scam. The figure is in line with the amount of money that Usher is said to have collected from investors who bought land at the development in southern Belize.  Usher and his partner in the scam, Andris Pukke, were not in court so the default judgment has been circulated to persons associated with them, including their lawyers. Here is News Five’s Hipolito Novelo with a report.

Hipolito Novelo, Reporting

In a default judgment by the U.S. Maryland District Court, Belizean John Usher has been ordered to pay up more than a quarter of a billion Belize dollars.  The court has ordered a judgment against Usher in the amount of two hundred and seventy-seven million, four hundred thousand dollars as monetary relief to the US Federal Trade Commission and hundreds of American investors who were duped in the Sanctuary Bay scam.

It has been described as the largest real estate scam in FTC’s history with more than a hundred million dollars being swindled from investors.  The scam was perpetuated by American scammers Andris Pukke, Luke Chadwick with assistance from their local connection here in Belize, John Usher.

John Usher

This is Usher.  He appears in a 2012 video shot at Sanctuary Bay Belize in the Stann Creek District. He is very emotional.

John Usher, Sanctuary Belize [File: July 16^th, 2019]

“I am going to get sentimental here. I am so happy. I look around and see my family. They have been a big support to me. Yesterday, we started early in the morning and I stood there and cried.”

And cry once more he will. Usher has thirty days to pay up the multimillion dollars judgment. He is described as a key player in the Sanctuary Belize scam. In 2008, he became the Director of Sittee River Wildlife Reserve which was created as a non-for Profit Company by “several natural and artificial persons” who agreed to combine their resources. Sittee River Wildlife Reserve acquired a large parcel of land now known as Sanctuary Belize. Usher continued as board member up until 2013. He is also a manager for Eco Futures Belize, another company named in the judgment. Eco Futures Belize was given exclusive development contract and in 2012, a confidential cabinet memo proved that Eco Futures Belize was given tax concessions to undertake the now failed real estate project.

Usher is also Sanctuary Belize Property Owners’ Association’s Director and various SBE marketing materials identify Usher as the “Chairman,” “developer,” or “principal” indicating Usher’s control. Usher also participated in lot sale negotiations through deceptive sales processes, meeting with numerous American consumers and repeating many misrepresentations including a pitch that Sanctuary Belize development is risk free and that every dollar consumers pay goes into the development.

As such, the court has also ruled that Usher and the Defaulting Corporate Defendants, individually, collectively, or in any combination, are permanently restrained and enjoined from Telemarketing or assisting others in Telemarketing. Usher must take all steps necessary to transfer any and all rights he may have in the Sanctuary Parcel or any companies or entities that have any rights associated with the Sanctuary Parcel to the Receiver identified in the simultaneously issued Default Order. He must relinquish all assets and rights associated with the Defaulting Corporate Defendants. It has also been ordered that his assets be frozen. A judgment has also been ordered against The Estate of John Pukke to pay eight hundred thirty thousand dollars to the Commission as equitable monetary relief. Reporting for News Five, I am Hipolito Novelo.

Steven Moss

In the court, the murder case of Steven Moss fell apart for the prosecution, when Supreme Court Justice Colin Williams dismissed the charge against him. A discharge warrant was prepared and tonight, Moss is a free man. The twenty-six-year-old was charged for the October 2017 murder of Delbert Anderson in front of Bismark Club on Queen Charlotte Street in Belize City. The trial began on Monday, July sixth, but was adjourned to give the prosecution an opportunity to locate its main witness, Angela Underwood. Two days later, a bench warrant could not be issued to Underwood and the evidence provided by Doctor Mario Estradaban was not enough to pin Moss to the crime. With that, Judge Williams dismissed the charge and Moss was freed. Appearing in court was defense attorney, Oscar Selgado; Riis Cattouse, assisted by Romi Wade, represented the crown.

Eight Central American nationals were escorted to court today in handcuffs under the watchful eye of heavily armed police officers and the Gang Suppression Unit. The men were busted in September 2019 when a narco plane landed on the Coastal Road and police were able to nab them and seize a large quantity of cocaine, valued at some sixty million dollars.  The alleged narcos are facing charges of drug trafficking and drug importation.  Trial has been scheduled for August. Here is News Five’s Duane Moody with a report.

Duane Moody, Reporting

This morning, the courthouse area in Belize City was swarming with a number of GSU and senior police officers for a high profile case before the senior magistrate. The case involves some eight foreign nationals who were slapped with charges relating to drug trafficking and the importation of illicit drugs into the country. The group of men are connected to a drug plane landing which occurred back on September ninth, 2019. Among them are the pilot and co-pilot of the narco plane. Miguel Cruz Meseguer, David Noe Orellano Discua, Carlos Humberto Henriquez Gomez, Juan Pablo Larrea Cruz, Allan Yovani Mejia and Norlan Jose Carrasco Lopez, are all represented.

Richard ‘Dickie’ Bradley

Richard ‘Dickie’ Bradley, Attorney

“Some eight persons have been charged for offenses in relation to the landing of a plane on the Coastal Road that involved the matter of bringing in drugs.  They have all been arraigned in Magistrate Court number one and because of the COVID-19 matter; they have not seen a court or a magistrate for several months. So today was a little bit of domestic clearing up in terms of where we now go from having arraigned and adjourned the matter for several occasions.  My understanding also is that they are different nationalities; most of them are from Honduras. One or two might be from Nicaragua and the others from other neighbouring republic. I know one told me he is from Mexico as well. So that is where we are at.”

The eight accused were picked up from different locations and arraigned in groups last year. Defense attorney, Richard ‘Dickie’ Bradley, says that drugs and cash were seized in the major drug bust; the plane was carrying sixty million dollars worth of cocaine, which has since been destroyed. He’s representing Juan Larrea and Miguel Meseguer.

Richard ‘Dickie’ Bradley

“Everybody has been given their disclosures. If they don’t speak English, they have been given the Spanish translator because that is the law; you are to be given your information in a language you understand. So we’ve cleared the hurdle, everybody has said yes, they have received their disclosures, this is the situation, that is the situation so we are basically good to go now in terms of trial. So where we are is that we have cleared a number of elementary hurdles in preparation for trial. The matter was today adjourned on the understanding that we are now tentatively set for a trial date on the twenty-fifth day of August, which is next month. You would know that they are all foreigners and they have been in our prison for some time. I think the incident was from September of last year and we are almost one year. The rules that govern trials in the magistrate court are going to kick in so we are at that stage. my learned friend from Belmopan, Oswald Twist, represents some of the persons. I think Mister Banner may represent some others and I am representing one or two of the persons who are involved.”

Duane Moody

“Sir, your client was nabbed along with the rest on the scene?”

Richard ‘Dickie’ Bradley

“No, no. This is a matter in which my understanding is that a perimeter was set up. The police were able to prevent the plane from leaving; they found drugs, but no one was found with any drugs or with the plane or near the plane or by the plane or in the plane or on top of the plane or underneath of the plane. So that would be a matter for those ones, those lawyers would want to make an issue of that. But my clients, to my understanding—I mean I only focus on my clients and I now have to focus on one or two others—but they were not found near the plane or with any drugs.”

While trial is set for August, it is yet to be determined if the case will be tried at the magistrate’s court level or before a justice of the Supreme Court?

Richard ‘Dickie’ Bradley

“That is still a little up in the air. The prosecutor notified the senior magistrate that in the course of now and the date set for the return; he will be in a better position to notify the attorneys and the accused persons if they go to the Supreme Court. If they go to the Supreme Court, it will be a totally different matter. They will have to fall in line; there will be a jury and it will be perhaps a harder battle for the prosecution in relation to establishing some basic matters for some of the persons who are accused. The importance of the summary jurisdiction court is that an experienced, trained magistrate is going to listen to the various facts and evidence that will come out and decide what happens after that. If anybody is found guilty, the law provides that the magistrate can send the matter up to the Supreme Court for sentencing purposes because a summary jurisdiction court, we lawyers are having some concerns that some of the laws—the magistrates ought not to be called upon to be sentencing people for very long terms in prison. That really should be the matter for a judge in the Supreme Court. But in relation to drug trafficking, drug cultivation, drug offenses, a magistrate has the option where there is a large amount of drugs involved and a person is found guilty for actually trafficking, big involvement in trafficking, they can be sent to a judge who would then have the authority. The law says what can be done by the magistrate and what can be done by a judge in the Supreme Court.”

Duane Moody for News Five.

Michael Peyrefitte

At an event earlier in the day, Minister of National Security Michael Peyrefitte spoke of his efforts to ease tensions between the ComPol and the former President of the Police Association. He says that he tried to mediate, but it was not resolved.

Michael Peyrefitte, Minister of National Security

“It’s within the courts so I won’t discuss it.”

Reporter

“Would you speak about just from an oversight perspective, would you urge both parties to try and reach an amicable settlement?”

Michael Peyrefitte

“We tried, we tried. I tried on several occasions to have it be done with so police officers can be police officers and not be litigants in a protracted legal situation, I tried, I tried mediation to try to bring them together off the record to see if maybe we can resolve it. Unfortunately it could not be resolved and people have rights. He has the right to access the court and unlike what you intimated earlier, the commissioner can be sued and people don’t have to be afraid to take the government or the commissioner to court. And everybody will have their day in court and the court will decide because we were unable to reach an acceptable form of compromise for everybody. I had thought we did, but it turns out that we didn’t. And so the court will have to determine each person’s right. What I did say though is that there will be maximum respect to all police officers; there will be no disrespect to any police officer by the government nor the commissioner’s office and vice versa. There will be no disrespect to the commissioner’s office or the government that is overseeing the police department from that perspective. But other than that, people are free to pursue what they want to pursue.”

Arguments were heard in the Supreme Court today on an application for judicial review filed by attorney Nazira Myles on behalf of her client Eldon Arzu. The Corporal of Police is before the courts again attempting to overturn the results of the recently elected executive of the Police Association. Myles submitted that the elections were unlawful and as a result, the outcome is to be declared null and void. Present in court today was Commissioner of Police Chester Williams and Corporal Arzu as well as recently sworn in president and vice president of the Police Association, Sergeants Jane Usher and Jermaine Hyde, respectively. The matter, which is before Justice Sonya Young, was adjourned to July sixteenth. Attorney Myles gave a brief statement following court today.

Nazira Myles

Nazira Myles, Attorney for Eldon Arzu

“As you know the matter started today in court. Arguments were made for the application for permission to file the judicial review. I have made my initial submissions and the respondent, which is the commissioner, is in the process of responding. We now took a break today where they will continue to respond next week Thursday, which is the sixteenth at one-thirty and thereafter, I will have an opportunity to respond to them.”

Chester Williams, Commissioner of Police

“The court will decide whether or not the claim is one that is frivolous and vexatious or if it is one that has merits and decide whether it goes forward or is thrown out.”

John Usher

A massive judgment with damages of one hundred and thirty-eight point seven million U.S. dollars was handed down earlier this week against businessman John Usher.  He was embroiled in the Sanctuary Bay scam a few years ago, along with incarcerated real estate developer turned fraudster Andris Pukke, during which hundreds of millions of dollars were defrauded from U.S. investors in a failed development scheme.  Usher has thirty-eight days during which he has to pay the outstanding sum, aside from surrendering property at Sanctuary Bay.  But how does the judgment apply to Belize since it is, first of all, a civil matter and there has been no request for assistance on the home front from the Office of the Attorney General?  Here’s AG Michael Peyrefitte on that question.

Michael Peyrefitte, Attorney General

“I received some information, he was found liable for some one hundred and thirty million dollars… I don’t know.”

Reporter

“But how does something like that work in terms of legally because I understand that he’s down south here in Belize and they are saying that, two things actually, he has to pay the one hundred and thirty-eight point seven million dollars and he also has to give up or hand over the property at Sanctuary Bay which he has been refusing to do, if not he would face incarceration.  So in a case, would that mean extradition?  What or how would that work?”

Michael Peyrefitte

Michael Peyrefitte

“I don’t know if you’re asking me to be Mr. Usher’s lawyer or the people who are… I really don’t know.  I really don’t know.  When you are suing for a hundred and thirty-eight million dollars and you get a judgment, I think you have pretty good lawyers.  So I will leave that to them.”

Reporter

“Has there been any legal assistance sought by the United States on this matter?”

Michael Peyrefitte

“No, because it’s a civil matter, but they haven’t done so.  I don’t expect them to but if they make any request then we will comply with that request if it is a proper request because at times they make requests that are not proper and we tell them no, that’s not what we do.”