7 News Belize

Ralph Fonseca Charged for Theft
posted (December 5, 2008)

Yesterday history was made when former Prime Minister Said Musa was charged for the theft of twenty million dollars of money that should have been the property of the Government and people of Belize. Today, Ralph Fonseca, the former Minister most closely associated with Musa during his ten years in office was also charged. As the Minister of Housing when the US$20 million Venezuelan grant was negotiated – Fonseca was at the center of the negotiations ion Caracas. And in the opinion of the Director of Public Prosecutions, he is also centrally involved in the theft of public funds. He had his day in Belmopan court today and 7NEWS was there.

Jules Vasquez Reporting,
The crowd was distinctly smaller and less vocal than the one that awaited Said Musa yesterday though their signs spoke for them. We counted no more than 30 and they were joined by a few notable Old Guard PUP's like Florencio Marin Sr., Vildo Marin, Yasin Shoman and Papi Pena with old campaign memorabilia. But there was no uproarious entrance for Fonseca – in fact – by special arrangement he entered through the back of the Police Station.

20 minutes later he came out with a modest wave no triumphant hand in the air, no political waving, no chanting. And Fonseca wore a stone face as he was escorted by 17 uniformed officers and backed up by Mike Peyrefitte, the man that seems to be his lead attorney.

His procession was disrupted by a heckler who was taunting him on the side – but that person was carried off by police. And while no cameras are allowed inside the court, Fonseca had to endure the indignity of sitting beside four what would be called common criminals for a few minutes. But they were removed and he was joined by his Attorney's Mike Peyrefitte and Dickie Bradley.

The DPP arrived at seven minutes to ten and at four minutes to ten Magistrate Earl Jones called court to order and Fonseca walked into the dock. He gave his occupation as a systems analyst. Jones told him that he was accused of the theft of $10,000 and then had to be corrected – the theft of US$10 million. No plea was taken and bail was set same as it was for Musa $100,000 plus one surety of the same amount. He spent four minutes in the dock and by a few minutes after ten he was out of the courtroom.

Ralph Fonseca, Charged for Theft
"Well most Belizeans know that this is yet another outrageous yet characteristic UDP political persecution. Anyone, anyone at all that knows the real facts will also know that this charge is ridiculous. I am confident and I have been assured by my legal counsel that this will be proven to be ridiculous. You all know for the last 20 years I have been in the center of the greatest political movement in Belize. We have won many battles and we have built Belize for the benefit of thousands, hundreds of thousands of Belizeans. In the process we gained many fantastic friends but we also made many dangerous enemies. Those enemies must realize that I know exactly who they are and I will be praying for all of them, that they be relieved from that pain which they suffer from the hate of Ralph Fonseca and his accomplishments. This charge is ridiculous but now we must respect the system of the court. I will be vindicated and then we will talk again. Thank you very much. Any questions for the lawyer, this is not a political campaign."

But when the crowd greeted him it sure looked like one.

Mike Peyrefitte, Attorney for Ralph Fonseca
"A client of mine has been charged with an offense. Under the law it is an indictable offense, we will come back January 16th and see what the prosecution has for us."

Jules Vasquez,
Are you convinced that the act of theft, this a very unusual construction of an act of theft, are you convinced that it is legally sound and legally arguable?

Mike Peyrefitte,
"Well that will be played out in court. We are not responsible for the charges that are brought. The crown is responsible for the charges and the legal ramification of the charge will be played out in court."

Marion Ali, News 5
"Might it have been a more difficult defense if the charges were either fraudulent diversion of funds or misappropriations of funds or both?"

Mike Peyrefitte,
"I am a defense attorney Marion, I don't try to analyze what would be the best charge for prosecution. They have abled people in that division; they know exactly what charges to bring."

Jules Vasquez,
Did he play the same role as Mr. Musa, what specific role did he play?

Cheryl-Lynn Branker-Taitt, Director of Public Prosecutions
"Well as I said here yesterday, the charge of theft looks at an assumption of the rights of the owner of property and we are saying that he did this as well and so he has been charged with the same offense."

Marion Ali,
"The defense seems to be convinced that theft is not the charge, if any charge at all should be brought against them. Misappropriation of funds or fraudulent diversion seem to be the public opinion out there, that is the appropriate charge. Your opinion?"

Cheryl-Lynn Branker-Taitt,
"My opinion obviously is that he should have been charged with theft because that is what I directed."

Jules Vasquez,
Did you consider misappropriation?

Cheryl-Lynn Branker-Taitt,
"I considered every possible offense that could have been charged and theft is the most appropriate."

Jules Vasquez,
I guess this is obvious but there are sufficient grounds you are certain for theft?

Cheryl-Lynn Branker-Taitt,
"Or else why would I have directed that he be charged for theft?"

Jules Vasquez,
A lot of times people are charged and the prosecutions aren't successful for a variety of reasons.

Cheryl-Lynn Branker-Taitt,
"For a variety of reasons yes, in this case it certainly won't be because the charge is incorrect."

Jules Vasquez,
Why have you decided to charge them separately for the same charge involving the same transaction?

Cheryl-Lynn Branker-Taitt,
"This is a very very simple matter. It is not rocket science, it is not brain surgery."

Jules Vasquez,
Mr. Peyrefitte we know you and Mr. Bradley are two of the premier attorneys who are able to get cases thrown out at the Magistrate's Court level. Are you confident you all will be able to do that in this case and avoid going before a jury in the Supreme Court?

Mike Peyrefitte,
"We don't get cases thrown out Jules. Lawyers don't make decisions. The Magistrate is the chief occupier of that seat when it comes to a preliminary inquiry. He will look at the evidence and see whether there is sufficient evidence to warrant a charge and a trial before the Supreme Court. Whether it goes before a jury or not, it makes no difference to me."

Jules Vasquez,
Wouldn't you prefer to have it dispose of at the lower court?

Mike Peyrefitte,
"It makes no difference to me."

Confidence but what about political conscience for this UDP politician.

Jules Vasquez,
Mike how you di do this, you are a UDP? How you di defend Ralph Fonseca?

Mike Peyrefitte,
"Well what happened is that I also am a Minister of Justice, I am a officer of the Supreme Court and I believe that as much as the public are emotional about these issues, that once we get to a court of law, the issue is different and I believe that no matter who it is, whether it is Yellow Man, whether it is Easy Glen, whether it is Ralph Fonseca – it doesn't matter. I believe that charges should be levied against people provided they have the evidence to support those charges and secondly everybody is entitled to a defense."

Marion Ali,
"That's as an attorney but as a politician is your party giving you heat for this?"

Mike Peyrefitte,
"I am here as the lead defense attorney for Ralph Fonseca and that's it."

And while Peyrefitte's bold move won't help his political career – it may help Fonseca – to show if nothing else – that he still has the swagger to pull a political high card- it's left to be seen if it will work in the courts.

And while Fonseca has one publicity coup going with Michael Peyrefitte as his lead attorney – the other is that Peyrefitte will now be on the same legal team as his former political adversary and the man who beat him in Freetown, Francis Fonseca. The matter is adjourned until January 16th.

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