Chief Justice Kenneth Benjamin today issued a writ of Mandamus against Commissioner of Police Allen Whylie. In simple terms, the Court has now instructed Whylie to criminally investigate the Won Hong Kim passport scandal and, of course, the man in the middle of it all, former Minister of State Elvin Penner. In addition, the Chief Justice delivered stinging criticism of ComPol Whylie, calling his refusal to investigate irrational, unreasonable and unlawful. It is a significant victory for the claimant, P.U.P. leader Francis Fonseca, and a major black eye for Belize’s top cop. The CJ took just a little over half an hour to provide his decision, with an explanation. Mike Rudon was in Court for what is a landmark ruling with certain political repercussions for Elvin Penner and likely for the government of the day.
Mike Rudon, Reporting
At twelve forty this afternoon P.U.P. leader Francis Fonseca, flanked by political supporters, emerged from Supreme Court number one…victorious. The party had beaten the odds and gotten the Court to direct Commissioner of Police Allen Whylie to carry out, to its conclusion, a criminal investigation into the passport scandal.
Francis Fonseca
Francis Fonseca, P.U.P. Leader
“The great majority, the overwhelming majority of the Belizean people have been of the very clear view that we needed to have an investigation into this matter, so it’s a victory for the Belizean people, it’s a victory for the rule of law…it’s a victory for our democracy so we are pleased with the decision.”
The writ of mandamus is considered somewhat of a last legal resort and is not granted without overwhelming cause. With that said, there is victory and clear vindication for the P.U.P. today, but it is tempered by the limitations of the writ. The investigation has been ordered, but the Court cannot tell the Commissioner how to conduct that investigation.
Francis Fonseca
“In effect the Chief Justice has ruled in our favor, in my favor. He has ordered that the writ of Mandamus be issued against the defendant, the Commissioner of Police in this case, ordering that an investigation be completed…if it has been started, it has to be completed, concluded into this U.D.P. immigration scandal. In addition to that, he has declared that the refusal of the Commissioner of Police to carry out an investigation, the refusal to conclude that investigation…his statement in his affidavit in court that he has decided not to investigate this matter…the Chief Justice of Belize has ruled today that that position is unlawful, it is arbitrary, it is unreasonable, it is unfair and he has ordered him to in fact carry out that investigation.”
It was clear today that the Court was troubled by the facts of the case, in particular the refusal of the Commissioner to investigate. 
A leaked memo from the D.P.P.’s office which stated that instructions had been given to halt the investigation also seemed to carry heavy weight. Still, the reality is that it is likely more of a symbolic victory than a practical one, since the time constraints make it unlikely that Elvin Penner will face criminal charges for his role in the passport scandal.
Elvin Penner
Francis Fonseca
“He will have to find a way to carry out that investigation. The Court has ordered him to do so. We believe that there is a lot of information that they have available on this matter. It is a question, as it has now been revealed in court…and if it were not for us coming to Court we would not have found out any of these things…but it’s clear that an investigation was started and someone instructed that the investigation be stopped. And that is a matter we can’t allow to just simply be swept under the rug. Even though the Courts have ordered that an investigation be carried out and the Commissioner must do that investigation, the Belizean people deserve to know who intervened….who sought to halt this investigation…who instructed the Belize Police Department not to continue that investigation…they are the ones who have tried to subvert our justice system and we need to know who gave those instructions.”
The statute of limitations in the summary offences for which Penner could be criminally charged for his role in the passport scandal expires within the week. Mike Rudon for News Five.
If the writ of Mandamus and public scolding weren’t bad enough, Commissioner of Police Allen Whylie was also ordered to pay costs, five thousand dollars for the claimant and two thousand dollars for the office of the D.P.P., who was named as an interested person in the case.
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