7 News Belize

Will Karol Mello Have His Day In Court
posted (August 2, 2012)
Alleged International Gangster Karol Mello was back in court today for his Habeas Corpus hearing to determine if the Government of Belize had unlawfully detained Mello.

The Slovak national and permanent resident of Belize is fighting an expulsion order and has been detained for 22 days, pending a resolution to his case.

His attorney Godfrey Smith ultimately seeks to block an expulsion order which was issued on July 16.

Today, both sides tried to convince Justice Legall on whether or not Mello should be expelled without first being given a chance to tell the court his side of the story.

Here's what we found out:

Daniel Ortiz reporting
Just before the start of the "Habeas Corpus" hearing, the international fugitive, Karol Mello, was escorted to an adjoining room in the Supreme Court, where he was held under guard and excluded from the entire proceedings.

According to Mello's attorney, Godfrey Smith, he doesn't speak a word of English, so his wife, Susanna, attended the hearing and consulted Smith on his behalf.

Government Crown Counsel Magali Perdomo was backed up by Solicitor General Cheryl Krusen, who has stayed out of the public eye since the consultations for ninth amendment.

Justice Legall heard arguments from both sides, and the fundamental issue was whether Mello was a threat to public safety.

According to an affidavit from the Immigration Minister, Hon. Godwin Hulse, Mello is a threat; Mello's attorney says otherwise:

Godfrey Smith - Attorney for Karol Mello
"The case is to determine whether the government has the right in the absence of an extradition treaty to expel Mr. Mello for purposes for handing him over to the government of Slovakia - we say no."

And Smith seeks to advance his argument using a public statement which the Minister of Immigration, Hon. Godwin Hulse, gave to 7News exactly a week ago on the matter.

For context, we'll revisit his comments:

File: July 26, 2012
Hon. Godwin Hulse, Minister of Immigration

"It is my view and this is my view that any person who is not a citizen of Belize who is a permanent resident of Belize who is requested by his government - the government of which he holds a passport and of which he is citizen and as long as it is a legitimate government - it not some government that we have any difficulty with who says that he is accused of some crime or otherwise it is our view that he should actually be exonerated by his peers, so he should face the music, to use a clear word. After that he is happy to come back to Belize to resume his residency."

And the crucial part comes when Hulse says:

"That is my candid view. I don't think that we are in a position to suggest to a sovereign government that their citizen should not be returned to their country. We don't have any extradition orders with that country, but Lord man, if it was a Belizean who was accused of doing something here and he fled to another country we would want him back here to stand trial basically."

Godfrey Smith - Attorney for Karol Mello
"That's the essence of the whole case actually because yes the minister has the power under the aliens act to deport an alien which Mr. Mello is in the interest of public safety and public welfare, that's crucial. It has to be for those. Now, what the minister went and did was to get on TV and say what the real reasons were. He never mentioned public safety or public welfare, he said 'they've ask for him, so I am going to hand him over, once he faces the charges, he is happy to resume his residency.' so if the minister who revokes the permanent residence of Mr. Mello and says on grounds that he is a public threat and a threat to public safety at the same breath says he can happily come back, it means that he is not really a threat to Belize. There is no extradition treaty. In the absence of an extradition treaty the only way to get him to Slovakia is to deport him. But when you deport him - the only powers the minister has is to deport him if he is a threat to public safety and public welfare."

"At the end of the day it is not permissible for the minister to deport on grounds of public safety in Belie when the real purpose is to send you back to your country as a form of back door extradition. The law does not allow that. That is what the judge has to determine."

Justice Legall has reserved judgment for August 10 on this hearing of whether or not Mello has any rights for the court to hear his side. This is the date that the injunction against the expulsion order ends.

His attorney has indicated that if the judge rules against Mello, they will then seek to appeal, but at the end of that injunction, there is nothing to stop the Government of Belize from expelling Mello.

Smith says that if that is the outcome, he will seek to have the injunction extended through the appeal process.

As was noted in the interview, Belize has no extradition treaty, so the success of Mello's case hinges on the court's interpretation of the true intentions of Minister Hulse, whether it's an expulsion for public interest, or an extradition in disguise.

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