37 days ago, the Government of Belize arrested Slovak National Karol Mello in an attempt to hand him over to authorities in his country of origin. Tonight, though, things have taken a turn: he is free from prison and out on bail.
As we have reported, Mello fought the expulsion order which was issued against him by Minister of Immigration Hon. Godwin Hulse, and won.
Justice Legall ruled that the government was detaining him illegally.
But before Mello could even hope to be released from the Belize Central Prison, authorities charged him with 2 immigration offences: perjury and uttering a passport which he was not entitled to utter, both in relation to his Slovak passport which was reportedly withdrawn by the Slovak Government.
When he was arraigned, the Senior Magistrate denied him bail on the grounds presented to her by the prosecution.
This gave GOB 7 more days which they were entitled to detain him, but Mello pushed through for a bail petition which was heard today before Justice Hannomansingh - and he was successful.
After his petition hearing, the media spoke to his attorney outside of court about his submissions which used to convince the judge.
Here's what he told us:
Andrew Marshalleck - Attorney for Karol Mello
"The most important thing is that Mr. Mello has been granted bail. After all the paper work is done he should be release unless of course somebody decides maybe to charge him with something else, it's important for that reason. It is also important because just looking at the papers and a cursory look at the material before the court demonstrated that the charges are really very frivolous."
Daniel Ortiz
"Sir, can you please walk us a bit through the submissions you've made in which you convince Justice Hannomansingh to grant bail?"
Andrew Marshalleck - Attorney for Karol Mello
"I think given the fact that the nature of the charges was such that one charge cannot succeed because its beyond limitation, period, and the other charge of perjury is highly suspect given that the documents which allegedly contains the false information weren't signed under oath and can't support perjury and given the fact that Mr. Mello has a constitution right to his liberty. Those are think weighed in favor of granting him bail."
"The magistrate herself recognizes it when Mr. Mello was arraigned before her in that the 6 month limitation period for bringing such a charge is long since passed."
Daniel Ortiz
"Sir, I also heard you made certain submissions about the perjury charge. Can you tell us the significance of your arguments? Why exactly is it that you felt the need to point this out to the Justice?"
Andrew Marshalleck - Attorney for Karol Mello
"To demonstrate that there are no serious charges. It weighs in the balance. There is no real reason to keep Mr. Mello in prison when he is facing these charges that are really of no serious moment."
Daniel Ortiz
"Sir, you also mention that the defendant is bringing certain claims against the government and the attorney general in relation to the detention. Can you explain to us about that?"
Andrew Marshalleck - Attorney for Karol Mello
"Those claims are already brought. There are two claims pending and of course the revocation of his permanent resident status still remains to be resolved."
Mello was granted bail of $10,000 with the condition that he must surrender all his travel documents and report to the San Pedro Police Station every Friday until the completion of his trial.
He was processed and released from prison just before 3 p.m. today.
Mello must present himself before the Belmopan Magistrate on Monday, August 20.
As was noted in the interview, Justice Hannomansingh has agreed with Mello's attorney that the case against him for these 2 immigration charges is weak. It was one of the major premises for the granting of bail.
Justice Hannomansingh commented that the uttering a passport charge is statute barred because the 6 months' limitation has already passed, since GOB is alleging that he committed it in September of 2011.
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