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Chief Justice Benjamin also declared in the favour of Opposition Leader Fonseca that Commissioner Whylie's decision not to investigate was quote, "irrational, unreasonable, and unlawful". Those are very strong and stern words for the Chief Justice to use against the highest officer in the Police Department, and today, Fonseca also noted it when he spoke with the media..

Hon. Francis Fonseca, Leader of the Opposition
"It's a victory for our democracy and so we are pleased with the decision. The decision today obviously its being finalize right now, but in effect the Chief Justice has ruled in our favor, in my favor, he has ordered that the writ of mandamus be issued against the defendant, the Commissioner of Police in this case ordering him that an investigation be completed; if it has been started, it has to be completed, concluded into this UDP immigration scandal. In addition to that he has declared that a refusal of the commissioner of police to carry out an investigation - the refusal to conclude that investigation - his statement, his affidavit in court that he has decided not to investigate this matter. The Chief Justice of Belize has ruled today that that position is unlawful, it is arbitrary, it is unreasonable, it is unfair and he has ordered him to in fact carry out that investigation."

"We want a proper investigation, we want a comprehensive investigation, we want it to be done fairly, we want it to be done properly and the Belizean people must be made aware of that investigation. It can't be no closed door investigation where we are not aware of what is taking place. So that is important as well."

Daniel Ortiz
"Mr. Acting Solgen, can we ask you for a brief comment please."

Nigel Hawke - Acting Solicitor General
"The court issued a mandamus against the commissioner and that's about it."

Daniel Ortiz
"But sir, he used some very strong language like irrational....."

Nigel Hawke - Acting Solicitor General
"Those are ordinary language you used in administrative proceedings. I don't think that they are strong."

Geovanni Brackett, Reporter
"You consider this a lost to the government?"

Nigel Hawke - Acting Solicitor General
"No not at all."

But what is important to note is that the offense that Penner could be charged with would have been statute barred on today's deadline date. That's the one where he procured the Nationality Document for Won Hong Kim. The next statute bar would have kicked into play on this coming Sunday, March 9, for the fraudulent passport that Penner pushed through for Kim. Though the Chief Justice has granted Mandamus, no charges were forthcoming for the nationality document - and the statute bar kicked in today. Additionally, it is unlikely that police would charge him before Sunday for the passport offence - and then that would also be statute barred.

But there may be a sliver of hope for the case yet because, COLA, has already filed a private prosecution against Elvin Penner in Belmopan Magistrate's Court. That happened last week Friday.

Critics of that course of action have said that COLA doesn't really have the wherewithal to successfully prosecute the case since they have no evidence at this stage.

Well now, with the Supreme Court ordering the ComPol to investigate, theoretically, all COLA would have to do is wait for that investigation to go to completion and then apply to the court for full disclosure, and the Police Department would by law have to hand over all materials they have in their possession. It remains to be seen how much success COLA will have since they are still searching for an attorney to represent them in prosecuting the case.