Elvin Penner
Elvin Penner walks….A decision was handed down today in the case of Elvin Penner, who facilitated the issuance of a passport to South Korean fugitive, Won Hong Kim. The former government minister admitted in an email that he, “Personally went with Kim to the passport office to see to it that he would get proper attention and would get his passport the same day.” But Kim was sitting in a Taiwanese jail. When all investigations went nowhere, a private prosecution started and on March twenty-seventh, Penner appeared in the Belmopan Magistrate’s Court for the first time; he was charged with two immigration offences. Today, almost four months later, he walked out of court with no case to answer, after the matter was struck out for lack of evidence. The outcome, even for those who brought the private prosecution against Penner, is not surprising. It was a struggle to get the matter to court, and once there it was an impossibility to obtain evidence held by government functionaries. But while Penner has been cleared in the court, it is no real vindication because in the court of public opinion he has been tried and convicted. Mike Rudon and Chelsea Wagner were in Belmopan this morning and have the story.
Mike Rudon, Reporting
At eight-forty this morning COLA representatives, along with attorney Kareem Musa, arrived at the Belmopan Magistrate’s Court, and shortly after, disgraced former Minister of State Elvin Penner, flanked by his wife and family members, arrived. Police presence at the court was unusually heavy – we counted seven officers stationed inside the courtroom, with the Commander of the Western Zone, Assistant Commissioner of Police Aaron Guzman taking charge outside.
The case hinged on evidence held by Commissioner of Police Allen Whylie, but the Magistrate dismissed an application by attorney Kareem Musa to summon him for access to that evidence, and as easy as that, the case was struck out and Penner walked out of court cleared of the charges.
His triumphant exit was marred by the presence of the media and an angry crowd which made its feelings known.
Kareem Musa
Kareem Musa, Attorney for Geovannie Brackett
“I don’t think that there is any clearer law that exists that shows that the Commissioner of Police ought to have been summoned to come to Court today. I know that the learned Magistrate has given a ruling. I must say right off the bat that I wholeheartedly disagree with her ruling. I believe the Magistrate said that we needed to summon the Commissioner…that is an entirely different section of the law. The particular application that we made is under Section thirty which states that if on the statement of the complainant it comes to light that there are individuals in possession of files and documents she the magistrate then has to exercise her discretion whether or not she wants that individual to come to court.”
The Magistrate disagreed, stating that summoning the Commissioner of Police is out of the jurisdiction of her court. She also stated that private prosecutions do not have rights of access to files held by the Police. That Penner file has been sought with as much passion as the Holy Grail, but with as little success.
Kareem Musa
Allen Whylie
“I think that the Commissioner has been taking advantage of the fact that the Supreme Court didn’t tell him conclude your investigation by July twenty-fourth. He is taking advantage of that. And I don’t think he is out there investigating anything. You’ve heard him taking statements from anybody recently? Absolutely not! So I think he is taking advantage of that fact. But certainly he does not have eternity. Eternity is not what he has to go and carry out the investigation. At some point he has to deliver up that case file, not necessarily to COLA, but to the D.P.P….to the lawful authority who can then bring a public prosecution against Mr. Penner under Section one seventy-eight of the Criminal Code. There’s no time constraints on that, so in fact the D.P.P. does still have a duty in this case.”
But that’s in the future, and for now there is a sense of disappointment in those who fought hard…and fought alone…but were beaten back at every turn.
Geovannie Brackett
Geovannie Brackett, President, COLA
“It is a sense of disappointment but I think what that really does here today…the decision and the whole scenario from start to finish…what I think it is, is a bigger discouragement to the people of Belize because we have seen how justice has been denied by every entity in coming here to try to get a fair trial against Mr. Penner.”
And out of the dark clouds there is a silver lining of appeal, and the team which lost today seems ready to go all the way to the Supreme Court.
Kareem Musa
“I believe that the appeal is in order based on the ruling that I heard today in court…an appeal is in order and certainly now that the appeal will be in the Supreme Court I think it is the perfect opportunity for us to explore our options under that very writ of mandamus to force the Commissioner now to conclude his investigation. He cannot go and give these excuses anymore that it is ongoing and ongoing…it’s nonsense and people are tired of hearing that.”
They have twenty-one days to file an appeal of the decision by the Magistrate today. Mike Rudon for News Five.
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