7 News Belize

Castro Vs Channel 5 Goes To Court
posted (February 24, 2014)
By now, you know very well about the consequence arising from the allegation that Minister of State Edmond Castro used the Belize Airport Authority like a political piggy bank. Prime Minister Barrow made the entire board resign, and the BAA was removed from Castro's Portfolio as the Minister of state in the Ministry of Transport.

But before Castro's name was called in that scandal, Channel 5 and immigration agent Alvorine Burgess accused him of selling dozens of visa recommendations for hundreds of thousands of dollars. Castro admitted he wrote letters for her, but he said he never did the amounts she alleges, and he never did it for money. So, he took out a lawsuit against Burgess and Channel 5 for defamation, and today, that case made its first appearance in the Supreme Court before Justice Courtney Abel.

It was only a case management conference - which is usually a non event, but this is a huge story, and so 7News waited outside of court to try to speak with the attorneys. Channel 5's attorney, Godfrey Smith told the media that his client has filed an application to strike Castro's claim out of court. Here's how they explained it:

Daniel Ortiz
"Can I ask you as to what's happening at this moment sir?"

Rodwell Williams, attorney
"Case management."

Daniel Ortiz
"What is suppose to happen at this point?"

Rodwell Williams, attorney
"At this point, the judiciary case management direction which formalities we should comply with."

Godfrey Smith, attorney
"This case is at very preliminary stage; just the case management occurred this morning before the judge meaning to say that preliminary matters are dealt with. In our case we have indicated to the judge and the judge has made a case management order that we shall be applying to strike out. The claim of Minister against Great Belize Productions on a very discreet ground that is that the prevention of corruption act provides us with immunity from civil liability, from a suit, once we filed a complaint to the integrity commission. So orders were given as to filing of that application, exchange of arguments, etc. and we are to return to court I think it's around the 16th of June."

Daniel Ortiz
"Sir, can you explain that immunity? Which part of the law allows that."

Godfrey Smith, attorney
"Section 34 of the prevention of corruption act."

Daniel Ortiz
"Can you expand on that as how it does that?"

Godfrey Smith, attorney
"Well its within the context - remember that the prevention of corruption act and the amendments that case is part of a region-wide initiative by the Organization of American States to encourage whistle blowers to not be afraid of victimization or being sued so that prevention can be tackled honestly and in a serious way. That was one of the requirements of the initiatives by the OAS; to ensure that state parties to that treaty amend the legislation - it was so amended and we are taking advantage of that protection provided."

"It basically says once you've made a reasonable complain, it's not frivolous or vexatious. You file a complaint to the integrity commission then you are afforded immunity from suit, so we intend to test that and seek the protection of those provisions."

Daniel Ortiz
"This case could be a precedent depending on how it is handled?"

Godfrey Smith, attorney
"For sure it has not been tested or used before in this jurisdiction."

Castro is represented by the Prime Minister's Law Partner Rodwell Williams.

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