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Where Is The Citizen Kim Passport?
Thu, July 24, 2014
One piece of evidence which surely didn't make it into the case today was the original passport which was issued to South Korean Won Hong Kim.

Best information says the passport is in the possession of the Belizean embassy in Taiwan. It was supposed to be brought to Belize in May, but that never happened.

And because it has not appeared - the true whereabouts of the passport has been opened to conjecture.

The question of its whereabouts was put both to COLA and to Attorney General Wilfred Elrington, who is also the Minister of Foreign Affairs, and they gave two very different answers. Here's what they had to say:

Hon. Wilfred Elrington - Attorney General
"As far as I know I haven't heard anything on that. But let me ask you this question since you've asking me so many question: why you want the passport to come to Belize?"

Reporter
"It's of public interest."

Hon. Wilfred Elrington - Attorney General
"People are just curious about it."

Reporter
"Yes."

Hon. Wilfred Elrington - Attorney General
"I don't know, I haven't heard about that. I am not into immigration, I haven't heard anything."

Geovannie Brackett, President - COLA
"I know when we met with the DPP, the DPP requested/instructed the police to get that passport because even authorities have said that in the media that when it comes in they will hand it over to the police to be hand over to the DPP. But I have been reliably informed that entities met in Miami and that passport has been exchanged. Whether it has reached Belize I do not know. But if that is so, I think the authorities needs to come forward and to tell us the Belizean public if that passport if it here and if it's not why."

Reporter
"I know that COLA wants to enter it as part of their evidence in relation to their private persecution."

Hon. Wilfred Elrington - Attorney General
"That's a problem that COLA has then. COLA have to be ingenious and try find ways to get it. I can assure you that tendering a passport in evidence will not help their case one way or the other. I don't even know who will tender the passport, but these are legal niceties which..... you see the truth is that the legal process is quite complex and it's very difficult to get documents even admitted into court, so it's really neither here nor there, it's to my mind for the sake of maybe amusement and of course to lead people onto believe that you are making an effort to do something, but the truth is that that is to my mind flogging a dead horse - you are not going to get anywhere with that."

Kareem Musa, Attorney for COLA
"It's very important. As you know when it comes to criminal persecutions the best evidence is always the original documents, so certainly that would be a key piece of material that would be needed in the private or public persecution of Mr. Penner. Certainly, I am sure the DPP herself if she has an interest in the case has requested that passport because she knows the importance of it, so I don't agree with our titular head that it's not important."

So, that's where it is tonight, Penner has been acquitted of the two immigration offences, but COLA is exploring the option of appeal Magistrate Aretha Ford's decision. They have 21 days in which to file that appeal, and if they don't today's outcome becomes the final decision on these 2 summary jurisdiction offences. That's because, as we've told you, they are now statute barred because 6 months has already passed.

The only other charge which can be brought against him if the 21 days are up, or if that appeal fails, is an indictable offence which only DPP Cheryl Lynn-Vidal would have to bring against Penner.

In March, she explained to the media, quote, "My analysis of the evidence presented to me thus far however, has centered around a consideration of a charge under Section 178 of the Criminal Code which makes it an offence for a person to "make a statement which is to his knowledge untrue for the purpose of procuring a passport whether for himself or any other person". This is an indictable offence and IS NOT subject to any period of limitation."

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