7 News Belize

Court: Yhony Assaulted No One
posted (September 20, 2013)
Many times on this newscast you've seen tour operator Yhony Rosado speaking out on matters affecting the cruise tourism sector. But 10 months ago, Rosado went from the accuser to the accused when a rival tour operator accused him of pulling his licensed 9mm pistol and making threats with it.

And while he did get remanded for one night, Rosado has been on bail, quietly and dutifully attending court to fight his case. Today, after numerous hearings and adjournments, the Belmopan Magistrate heard the matter in full. 7News was there in Belmopan and here's the story:

Daniel Ortiz reporting
Yhony Rosado, the owner of Cavetubing.com, arrived this morning for what he hoped would be the last adjournment for his case at the Belmopan Magistrate's Court, where he's been facing trial for aggravated assault with a firearm.

His friends, supporters, and employees gathered to provide him with moral support, and he was very confident that we would be exonerated:

Yhony Rosado - Cavetubing.com
"Remember the constitution 'you are innocent until proven guilty' - this was here is almost guilty. You have to prove you are innocent because I was taken to jail, I have done everything like a criminal. It is very frustrating to know that if you have a business or if I was employed with someone. By now if I was employed by someone I would probably lose my job, lose all my stuff in my house and even my building, but because I am a business man I have manage to get around and do everything and still come and answer to the case."

"When this first happened that Yhony Rosado pull out a firearm and fired at someone - it was crazy. I got a lot of cancellation and mu business went down from 90% to 40%. When you do the right thing and God is with you there is a saying "who God bless, no one curse," when you are in that cover nothing will put you down and here I am a year after still successful."

"The reason for me to be in the media is because I have nothing to hide."

So, he went in today, expecting that the Magistrate Aretha Ford would rule in his favor, and after careful consideration of all the evidence presented before her, she did.

Kareem Musa - Attorney for Yhony Rosado
"The trial took about 6 adjournments over the last 4 weeks. We've been back and forth coming here to Belmopan for Mr. Yhony to answer to this very fabricated charge that was laid against him by two Vitalino Reyes Jr. and Vitalino Reyes Sr."

"The evidence as burned out by the persecution's case was horrific. When I tell you there were 5 completely inconsistent statements given by the persecution witnesses. What it demonstrated to me was that these 5 individuals who by chance are all related - came to the police station and gave statements to the police. They did not corroborate their stories before coming to the police. What they did was give varying accounts of what actually took place and in the end that was burned out in the case."

Geovanni Brackett - President, COLA
"Yhony has been friend of COLA and he has been my personal friend from since I've been in primary school. I know his character, I can testify to that and we've been there as COLA to support both emotionally and to be there to publicize the issue as well and to let him know that we won't just back down on this."

"Any can make a malicious slander against you. I know people who call the police and say that a house has drugs - just to bad mind."

Yhony Rosado
"Just imagine that it is not this victorious. It is the things that you lost all the way from when the person make a report against you - the nightmare that you go through until the end like today "no case submission." It is very important that if I was a weak person, if I was working with different partners I would have been out of business, out of my house and out of my life at this point in time a year after a firearm report was made against me."

Rosado and his attorney say that the new firearm law where there is an automatic remand for defendants is too oppressive, and it needs to be challenged at some point.

Kareem Musa - Attorney for Yhony Rosado
"Our criminal justice system is based on the principle that you are presumed innocent until proven guilty. This law that has been put into place flies directly in the face of that principle because what you have now is that people can go to the police make a statement, a false statement at that and get someone arrested. Not only arrested, they don't get bail."

Yhony Rosado
"It is just the law that is very questionable that because of a law that is dragging down people that if you cannot afford an attorney you will be locked up. Fortunately for a business man like me can afford an attorney and get out a day after. It was just so fortunate for me to have that privilege, but I was prepared to spend a couple of days, weeks or months in prison for something that I didn't commit."

Kareem Musa - Attorney for Yhony Rosado
"I think that law needs to be challenge and it needs to be challenge soon. This is a perfect case to show you what can go terribly wrong."

Before she announced her decision, Magistrate Ford commented that the 5 witness testimonies presented before her had too many inconsistencies. As a result, she ruled that he had no case to answer to, so the trial was stopped without him having to present a defense.

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