Important Note: This Internet version of 7 News is a verbatum
transcript of our evening television news script. Many interviews on our newscast
are conducted in Creole. In the interest of clarity for our foreign readers,
we attempt to paraphrase the Creole quotes in English
Today the Caribbean Court of Justice handed down a major decision relating to Telemedia, The Ashcroft Alliance and the Eighth Amendment.
Back in August, the CCJ granted special leave to appeal to Dean Boyce and the British Caribbean Bank and barred government from selling any shares in BTL until the matter is settled before the courts.
Attorneys for the Ashcroft Alliance went one step further; they asked the court to examine the constitutionality of the second nationalization one time - without them having to take it to the lower courts.
Today the court announced its decision on that. If the court decided to proceed that would mean that the controversial eighth amendment would be immediately before the highest court in the land.
If not, it would mean a reset; starting the challenge of the ninth at the lower courts - and working it back up - inevitably - to the CCJ - a process which will take years to finish.
The judgment was handed down at 12:30 today via teleconference with the judges at CCJ headquarters in Trinidad and attorneys for both sides at the Supreme Court in Belize City. Denys Barrow and Lois Young appeared for Government while Godfrey Smith appeared for Dean Boyce and Eamon Courtenay for The British Caribbean Bank.
President of the court, Sir Dennis Byron read the judgment which took about forty minutes to deliver.
He found in the government's favor: That the Ashcroft Alliance would have to bring the case up through the Supreme Court, and then the Court of Appeals, and then finally to the CCJ - which, again, will take years.
It's far from the end of the road, but it does give Government plenty of breathing room - and today Government's attorneys were visibly relieved - they spoke to us outside the courtroom:
Jules Vasquez "Are you satisfied with this outcome?"
Lois Young - Attorney for Government "Oh, yes, this is all we can ask for. It's everything we can ask for, and the other side got nothing that it ask for"Jules Vasquez "What is the consequential effect of what has happened here today?"
Lois Young "The order of the 16th of December has been lifted. The junction against selling the shares has gone by the way side. The injunction against the day to day management of the company - it wasn't an injunction; the order allowing the day to day management has gone by the wayside."
Denys Barrow - Attorney for Government "What the applicants really had been seeking to do, and the court was sympathetic to the passion with which they yearned for this because of the interest at stake. They were seeking to get a matter, a case, which will be brought in the Supreme Court, heard right away in the CCJ. And, the CCJ in this decision said, 'Listen, We understand why you want it, but as a matter of how courts operate, as a matter of judicial policy, as a matter of fact of how judges should conduct the judicial process; let us not have that. It is important when things reach us, that all the arguments, which are applicable to this matter, should have been gone through already."
Jules Vasquez "Might not the opponents of the 8th amendment, and the rea-acquisition; might they not say that it is simply a deferral of an inevitable day of reckoning for the 8th amendment,"
Loise Young "It's not inevitable that the CCJ, or that the Supreme Court, and the Court of Appeal will rule in their favor. That's not inevitable. That's presumptuous of them to say that it's inevitable."
Jules Vasquez "I said that."
Denys Barrow "To give fairness and a fuller picture, you would have heard when President Byron was giving his reasoning, He indicated that that issue, the validity of the 2011 Legislation, and in particularly,. the constitutional amendment, raise issues which was so novel, so large, so complex, and which have an impact or will have an impact beyond the parties to the litigation, and beyond the country of Belize, that I think is the ultimate indication that it is a question of huge complexity, and it would be really idle for either side to claim the likelihood of victory. It would be a superficial response."
The usually voluble attorneys for the other side, Smith and Courtenay - had no comment today. Of note is that Fortis had asked to be included as an interested party if the case goes forward in the CCJ - but since it is not, that was denied.
The injunction against the government was lifted on two conditions: first, that the government must cooperate with the Ashcroft Alliance in having their challenges at the courts below heard as quickly as possible and second that government can now go ahead and sell the shares, but it must keep the proceeds of the sales set aside, and it can only be used to pay compensation to those shareholders whose shares were acquired.
So now, the sale of shares in Telemedia can proceed. By our calculation, 30% of the company is still available for sale. That's because - according to the Eighth Amendment Government interests must control 51% of the company. With Social Security presently owning 20% and Government with 62%, government currently controls 82%. So, government can sell 30% of the company's shares and still have public control of 51% of the company's shares.
One other notable point which came out today is that the President noted that it must be accepted that the Eighth Amendment and the second nationalization is good and valid until declared to be otherwise by a court of law.
Belize's first Lady Ombudsman is no more. Cynthia Pitts today confirmed to us that her three year contract expired on December 31st. and it will not be renewed.
Pitts told us that she is only at the office winding up some outstanding matters and compiling her 2011 report.
And while Pitts is all but out the door, the real problem is that there's no Ombudsman in office.
The Prime Minister has told KREM News that there's no one lined up to fill the post, and that the National Assembly will advertise the post so that there can be a transparent selection process.
So how did it come to this? Well, Pitts told us that under the terms of her contract she had failed to give the required three month notice that she wanted her contract renewed. She gave such notice on December 29th., to days before it expired. But it seems Government had already decided to move on.
Still, the post has not been advertised - and apart from Clerical staff and a legal officer, there's no Ombudsman currently in office to hear and mediate the public's complaints.
The family of a 22 year old young man that suffers from a heart condition and requires surgery is appealing for the public's assistance, after medical authorities here have indicated to them that he needs to travel abroad for the medical procedure.
Belize City resident, Jermain Eligio was born with a heart condition that doctors initially told his family he would grow out of.
But tonight, Eligio is at the KHMH where he's been hospitalized since early December, gravely ill, because his heart condition has deteriorated over the years.
His sister Tanya Eligio told 7 News this afternoon that the costs to fly him to Guatemala for surgery are prohibitive, and that's why the family has turned to the public for any help they can get.
Tanya Eligio - Brother of Jermaine "My brother, Jermaine Elijio, was born with a heart condition, and the doctor told the family that when he was a little baby he will grow it out. But apparently, he's 22 years-old. The heart is starting to affect him now at this age in his life. He has a valve attached to his heart that is not holding the pressure to pump the blood directly to the heart, so he needs an operation, and the operation can't be done here. It needs to be done abroad, and the operation alone costs $20,000. He's not breathing too well either. So, if but it's only abroad, he needs an air ambulance. He is not breathing too well either, so if he travels aboard he will need an air ambulance. And the air ambulance costs 20, 000 dollars alone. So, the family is coming together to plan a dinner sale for him, and I am pleading to the public if they can come forward and contribute a donation to asist the family. And I have a contact number if they wish to do so. It's 605-2095."
Once again, if you would like to assist the Eligio family, you can contact them at telephone number: 605-2095.
The Ministry of Education is donating books to 16 schools country-wide. It is a part of the Minister Patrick Faber's plan of action to facilitate reading by providing students around the country with access to books - even as the habit of reading is fading into antiquity.
Only problem is Faber never made it to the event - but still, the ceremony pressed on at Saint Joseph's Primary.
The coordinator of the literacy unit spoke on the importance of the book donation:
Rose Bradley - Coordinator, Belize Literacy Unit "Through the literacy unit, our goal then, is to insure that our students are reading at grade level or above. And we have seen from the results, that we are collecting - the data that we are collecting - that this is possible, and so, we try to achieve this goal by working with our teachers. Mainly, we focus on teachers because the research is showing that the teacher is very, very critical to the students' academic performance. Today, I want to say a very special thank you to UNESCO, who is making this occasion possible. One of the other things, we have been saying to teachers is to promote literacy to classroom, to read to the children every day, to develop the habit of reading, to cultivate and nurture that in the students. However the reality is that many of the schools do not have that resource; they don't have books. And so, one of the things we have been doing through the program is to provide classrooms with libraries. True Scholastics has been one of our donors, and now we have UNESCO. So I want to say a big thank you to UNESCO for this donation of books. 26 schools will be benefitting, schools in Belize City and schools in Dangriga. And so, we are imploring you, teachers, as you get the resources, to take good care of the books as well."
Under the programme,155 classrooms countrywide will be receiving books - but no one could say how many books in total are being distributed.
This particular parcel of books was primarily made possible through UNESCO.
Today, also at Saint Joseph Primary, NICH celebrated the accomplishments of 7 students who submitted their art work as entries in the 42nd World School Children Art Exhibition held in Taipei, Taiwan, last year.
That's no mean feat...18,000 thousand pieces from 100 schools were entered; seven from Belize was chosen for display and one piece was even awarded the bronze prize. Out of eighteen thsousand? That's one heck of an accomplishment!
NICH's President, Diane Haylock, discussed the accomplishment:
Diane Haylock - President, NICH "Some time ago, last year, we received an invitation from Taiwan inviting us to submit the artwork of Belizean children in the 42nd World School Children's Art Exhibition. And So, we sent that information out to the various schools. And I'm very pleased to know that Saint Joseph was one of the schools that submitted, but even more so that 7 of the pieces of work that were submitted, actually came from Saint Joseph School, and furthermore, that one of the winners of that 42nd World School Children's Art Competition, is actually from Saint Joseph. That person won bronze."
The student who won bronze was Kastanea Cruz; she has since graduated from Saint Joseph, and she is now attending high school. As part of the award, Angelus Press donated art supplies to Saint Joseph, and NICH has donated $500 to the primary school in an effort to encourage the maintenance of their art program.
Belize's Transport Minister Melvin Hulse and the Mexican Director General of Transport will meet next week to discuss new regulations for Belizean buses entering the Mexican border.
It started with a letter which was sent last year from the Ministry of Transport in Quintana Roo to bus operators regarding changes that had to be made.
According to Hulse, the problem arose when the bus operators tried to negotiate with Quintana Roo officials without the involvement of the Belizean Government, and when these negotiations failed, they finally included the Ministry of Transport which met with them late last year.
The meeting is for clarification and verification of these changes in bus regulations, and the Minister is confident that they will be able to work something out since they have an excellent working relationship with Mexico.
And keeping it in Mexico, last night we told you about a $5.00 increase to the Mexican exit fee bringing it to about $45BZ. Well today a viewer emailed us saying that that she had to pay more last week.
She says that On January 21st, while returning from Cancun on the ADO bus, all the passengers except the driver were asked to pay 50 Belize dollars at the Mexican Immigration border point.
When they asked what the fee was for, they were only told that it was a new rule and that they had to pay. Upon payment, she says they were given no receipt. Moreover, the money was not paid to the bank, but to an officer stamping out the passports. Upon receiving the money, the officer simply put it in his pocket and sent them on their way. She has written to the Mexican embassy and is waiting for a response. We could not get any from the embassy's press officer today.
The fee applies to all foreign nationals, including Belizeans, who enter Mexico and stay for over 7 consecutive days, or take 7 days to just pass through.
Transit travelers whose destination is a third country must pay this fee; that includes Belizeans who drive - or take an ADO bus over to Cancun in order to catch a flight to a different country and those arriving to Cancun destined for Belize.
When you consider that only 25 years ago - there was only one radio station and presence throughout Belize, it's fairly impressive to know now that there are now over thirty licensed radio operators operating from all corners of Belize.
We don't know how many of them are making money - but the model is interesting. To stay afloat, many of these fledgling media enterprises have to run tight operations on shoe-string budgets.
To be sure, the conditions are tough: some suffer, some just survive while others thrive.
Universal Radio in Orange Walk is somewhere in between those modes of commercial survival. It is one newcomer to a market that was already crowded with three commercial radio stations.
The fledgling operation recently celebrated its first anniversary and they told us how they get by, and get over:
Jim McFadzean Reporting
Radio Universal! It's one of the North's latest addition to the airwaves, and at the 88.5 FM dial, listeners in all of northern Belize including San Pedro, Chetumal and as far north as Merida and far south as Rural Belize can tune in to an eclectic collection of music and radio programming.
Dillon Jones, Co-owner, Radio Universal "We have 4 gospel programs running on a weekly basis on this radio. We have comedy, as you know I am involved in a lot of comedy. We do a lot of comedy on the radio. It's a bilingual station. We have our friend, Mr Castillo and a young lady by the name of Crystal Flores, who does most of the Spanish segments on the show. We play all kinds of music; the only thing is that we are not into 'crazy music'."
That's Dillon Jones, co-owner of the station that hit the airwaves a little over a year ago. He along with his business partner, Robert 'Checkie' Usher, are no strangers to the media and public spotlight. Checkie is of the popular Youth Connection Band fame, while Dillon is a popular comedian. They seem to enjoy, and share a unique relationship both on and off air.
Robert "Checkie" Usher - Co-owner Radio Universal "Lots of people ask us if certain politicians own this radio station. I want to tell them that only myself and Dillon are the soul strugglers of this radio station"
Dillon Jones "Here we try to keep it professional. Our agenda is not designed and run by no party politics. we are open if you want to come and do something."
But comedy aside, the men have invested seriously in the tiny radio operations located in Orange Walk at number 6 George Street. They've both worked in radio production before, having worked at Suga City Radio, and they need that experience and expertise to compete on an increasingly crowded FM dial.
Around 30 Radio stations commercial, private and religious crowd the dial in all parts of the country.
So what sets this latest radio station apart from the estimated dozen or so operating in Northern Belize alone?
Robert "Checkie" Usher "We focus on families. We have our events. Our music is mostly music with positive messages; we don't really play any kind of music when it comes to - even if it doesn't have obscene language in the song, the message of the song. We play songs with positive music. We have music which we play that moms and dads can stay at home and work out. They can do their physical at home with the type of music we play. We have children programs in the morning from 7-8 o'clock where we wake up the children, sending them to school, tell them what to do when they go to school, how to conduct themselves. So, it's a family oriented radio station."
Dillon Jones "We don't want to be like anybody else. We don't want to sound like no one else. We want our own distinct sound; we want people to identify themself with us. So when we come on the radio, we tell our employees that it's very important when you press that button, be careful what they are saying because we want people to relate with us. And our objective is to build this community-based radio station"
On Monday, a mob of attorneys are expected to descend on the Supreme court of Belize for the preliminary hearing of the UNIBAM case.
The actual hearing will not start on Monday - but because the issue is so divisive and has attracted so much attention nationally - all eyes will be focused on the court.
Preliminary arguments form the Churches are expected to include a motion to strike out UNIBAM as an applicant since as an organization it has no individual rights.
Also, both sides are expect to try and strike out the other's experts; as a total of ten experts are lined up to provide testimony.
Make no mistake, it's a big case, but at the end of the day, it boils down to individuals and their actions.
In October of last year, Janelle Chanona spoke to two individuals who have had very different experiences with being gay in Belize. Here's a repeat of that story:
Janelle Chanona Reporting
Melissa Mossiah - Prayed Away Gay "My name is Melissa Mossiah. I don't think I have to say my age right?"
Simone Hill - Not Ashamed of Being a Lesbian "I am a person, a human being. I'm Simone Hill, born to two parents that loved me."
The two Belizean women you are about to meet have very different stories about their sexual identities.
Melissa Mossiah "I know how I used to feel, how I used to think. You get me? And that is not like - I can't convince people of anything, but just stating the fact that I am not the same. It's just unique. This was something that happened between me and God."
Melissa Mossiah says she lived as lesbian for much of her teenaged and early adulthood years because of events that occurred in her childhood.
Melissa Mossiah "I was a little girl that matured very fast, you know. And so, a man took advantage of me, and innocently, he raped me and I couldn't tell anybody. I couldn't say anything, I couldn't even tell my dad. I was always around my dad; we were very close with each other. But I couldn't tell anybody. I couldn't speak any at all, and the only reason why is because this guy threatened me. Right after that, another scenery unfold and that was with my dad who had an affair, and it was right there in the middle of that, I started having a hatred built up towards men. And so this thing, the desires for females started building up now, because I am going to take care of these females. I am going to risk my life that no men do them anything. That was my mind; that's was what I was thinking."
Mossiah says her beliefs in God clashed with her lesbian life and led to anger, depression and even thoughts of suicide. She found comfort in Bible-based counseling after she moved in with her pastor's family. Eight years later, the young woman says she is no longer a lesbian.
Melissa Mossiah "The transformation in my mind reflects the transformation outside, okay, because I am so comfortable, Janelle. I got to my bed, and I don't have to be thinking of how to gratifying my flesh, how to feed me, because how I used to make this things, how I used to build upon these desires and these feelings, I watched pornography. Pornography was introduced to Burrell Boom, after those couple years. And so that's how I used to feed myself. But the thing is, afterwards it just makes you feel empty, it doesn't satisfy you. But not only that, I used to masturbate as well. So all this, I was trying to help - something- but it didn't work. When the process began it was a struggle because I still had the desires. I still had the thoughts but, like I said, when the word started getting into my mind, and my pastor was really down-to-earth person when it comes to the word, because he is going to nail it in. And so getting that word in, when I go home, I think upon it. I'm in the bathroom and I'm thinking upon it. And so, that word, Janelle, was what transformed my entire mind, that when I look at female, they are beautiful just like myself. And God created them just as how he created me."
Janelle Chanona "But you are not sexually attracted to her?"
Melissa Mossiah "No, not anymore. I can't explain to you how God did what He did to me. I don't know how to explain that, but anytime you get connected with Him. That is what I wanted, a wanted a change"
Simone Hill "We were born into a family; we are just like the next person. If you cut us, we bleed."
We approached several members of the gay and lesbian community to participate in this documentary; all but one declined, saying they were afraid of how their families and friends would react; what their bosses would say or how their businesses would suffer.
Simone Hill shares many of those concerns but felt that by publicly sharing her story, she could put another human face to the public debate.
Simone Hill "I knew what I was feeling from I was ten years old, but I never explored these things, you understand me? I wanted to do things that would make my parents happy. I wanted to make them happy. So, I did what I believed what would have made them happy. I have a child, and I raised my child with the help of my family and I taught my child to love. I noticed that my friends that were lesbians and gays, their family behaved back in the early 90s, like at them like they could have turned their children, their little nieces and nephews. I was so sad to me, to see this. I thank God that my sisters didn't behave in that way. I babysat my nieces and nephews. I had my daughter and she was nothing like that. People say - I remember getting some ridiculous questions like, 'Aren't you afraid that she becomes like you?' Who is thinking that? You are just raising your child. There were questions that my daughter raised to me about Sodom and Gomorrah, and all those things. And I answered them to the best of my ability."
Janelle Chanona "What did you answer?"
Simone Hill "What did I answer? So long ago, Janelle, but nonetheless, my daughter is here. I believe that I raised her well. She's a good person and one wouldn't - because people put labels - If you look, and she was walking on the street, who would know that she has a mother that is a lesbian? Coming back to tie it all together, we are human beings. We are all just like you pops being the camera, walking the streets and other things. We come in all shapes, forms and other things. Some of us are extreme; some of us are more conservative. But, we are human beings at the end of the day. Some people won't like us because some of us are open, and we are true to ourselves."
Simone Hill hopes that one day she will be able to live as a lesbian without harassment and threats of violence, which is why she supports changing local laws to decriminalize sodomy.
Maria Roches - March 31st 2004 "Well I am fighting for my fundamental rights which were violated and abused and I want my job back."
The decriminalization of sodomy is not the first time that differences in religious beliefs and Constitutional rights have resulted in a court case. In 2004, school teacher Maria Roches was "released" from her post at a Roman Catholic institution after she became a single mother. The court later upheld legal arguments that Roches' dismissal was unconstitutional because it violated her right against discrimination based on sex.
Dean Barrow - Maria Roches' Attorney, March 31st 2004 "All of us have to respect the church and especially the Catholic Church but the Constitution our country is supreme. And whenever anything that is done is in conflict with the constitution, then citizens have a right to go to court and to have this declared to be so. In my view that is what is happening here."
Florence Goldson - Human Rights Advocate "You have the right to your beliefs and there are so many different spiritual beliefs. So, but there are only one set of human rights, and human rights are guaranteed to every single person just by virtue of being born."
Human rights advocate Florence Goldson says all Belizeans should support efforts to change laws that discriminate, including those that decriminalize sodomy.
Florence Goldson "This is a law that has the potentiality to affect all of us, because all of us - any person that's going to engage any sexual intercourse, and wants the right and freedom to decide on how they will be intimate, can be affected by this law. So then it saddens and angers me that we decide to isolate one group of people, and decide that it's okay to violate their rights, that we all have the right to protection, except for those people, and whoever else we decide are not worthy of protection. The silence, the fear, the intolerance are indicative of the law and what discriminating laws can bring about. So, as a nation, we should ensure that laws like this one, and other laws, because there are laws that discriminate against women, the laws that don't protect children. There are lots of laws that force us into silence, push people to live hidden lives."
Melissa Mossiah "My greatest desire right now is to be able to share the truth. That if God can set me free, He can set you free. It doesn't matter what, how deep you are in it. He can set you free."
Simone Hill "I pray that the law gets change, and so that we can all live in harmony. That's what I pray for. So in the long term, I would like to see us whereby we have laws that protect not only homosexuals, but everybody. I hope that everybody's rights get protected and the laws respect that, and that people can respect these things."
In the end, this case is not just about arguing what's in the law books. This case is about Belizeans and their beliefs. If the laws stay the same, homosexuals will continue to feel discriminated against. If the laws are changed, the religious community will feel that Belize is on a slippery slope to damnation. Belizeans will have to determine whether we want to be a society that protects individual lifestyle choices or a society that clings strictly to religious ideals.
Monday's preliminary hearing is expected to be heard before Justice Michelle Arana - though that is not confirmed.
Ramping up its public profile right before the hearing, UNIBAM is tomorrow launching its We Are One Campaign, revealing a line of arm bands to be worn in a show of solidarity for the gay and lesbian community in Belize.