Today word went out that a full file has been sent to the Director of Public Prosecutions about police investigations in the Citizen Kim Passport Scandal. Viewers may remember that on Monday, the Supreme Court compelled the Commissioner of Police to investigate Elvin Penner for this passport scandal.
Well, our check with the Director Public Prosecution, Cheryl-Lynn Vidal, has revealed that she has gotten some materials from the National Criminal Investigation's Branch, but the file is not complete.
This evening, the DPP Vidal told us quote, "On my request, they copied certain statements and forwarded to me, but I have not been given a complete investigation file. As it is right now, I am working with what I have and what has already been in the public domain."
She added in an email sent a few minutes ago to the media, "Today at 5:43pm, members of the investigating team again came to my Office and at that time, handed over to me a file for the matter. The investigation is still incomplete and it appears to me that statements have not been recorded from certain key persons and this has been discussed with the investigators." End Quote
She added that she is waiting to see if police will provide her with more materials. But, there is a sense of urgency because one of the offences that Penner could be charged with has become statute barred since Tuesday, and the other will become barred by next Tuesday.
Speaking on that issue, DPP Vidal, says, "the period of limitation will end on 11th March 2013. I must state at this stage however, that I am yet to see any evidence on the file which would enable me to give a directive for any charge under Section 22 of the Belizean Nationality Act.
So, everyone is looking closely how police is handling this matter because the Commissioner of Police risks Contempt of Court if he doesn't comply with the order to investigate. Today, 7News spoke with the The Leader of Opposition about how the matter is progressing with the deadline looming:
Hon. Francis Fonseca
"What is the status of this investigation because we are approaching a long weekend and if action should be taken we believe it should be taken today."
Reporter
"Have you spoken to him to find out if he even intends to provide an update?"
Hon. Francis Fonseca
"No, I have had no personal contact with the commissioner but as I said my lawyers have written to him on the record and we hope that this time he will respond. The last time he refuse to respond and it is only by forcing him to go to court that we found out on behalf of the Belizean people that he in fact had made that determination not to investigate this matter. But now he has been ordered by the court to carry out an investigation and we expect that that investigation will be done and should be done and we are once again reminding him that there is a deadline that we believe he should meet."
Mike Rudon, reporter Ch5
"Sir, the commissioner might well say that well the court orders us to investigate him, we are investigating, but the court did not order us to provide updates to the opposition."
Hon. Francis Fonseca
"No, he is right. The court hasn't order him to provide updates but we took him to court, we sought the order against him, we received the order and so we have an obligation to follow up on that order to make sure that it is in fact being done as it is done in every case when the court issues an order compelling a defendant to do something. The other party has an obligation to make sure that that person does it and if the don't to bring that to the attention of the court."
To quell the perception that Penner may not face any criminal charges because of statute of limitation, DPP Vidal adds, "My analysis of the evidence presented to me thus far however, has centered around a consideration of a charge under Section 178 of the Criminal Code which makes it an offence for a person to "make a statement which is to his knowledge untrue for the purpose of procuring a passport whether for himself or any other person". This is an indictable offence and IS NOT subject to any period of limitation."
And there is a possible second charge that Penner could face that has no limitation period.
Vidal says,"I have also given certain directives to the police in relation to the gathering of further evidence which would enable the consideration of yet another indictable offence which is not subject to a period of limitation."
But even if there is no criminal charge that Penner faces, he will have to defend himself against the private prosecution launched by COLA. He must present himself before the Belmopan Magistrate on March 27, to answer to their complaint against him for the Nationality Certificate and Passport prepared for South Korean fugitive Won Hong Kim.
Theoretically, COLA can apply to the court to have the criminal file that investigators have compiled be disclosed to them.
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