Will Area Representative Elvin Penner appear in Belmopan Court to answer to charges in COLA's private prosecution? Well, COLA and the DPP are getting ready to go to court tomorrow – but there is a chance Penner might not show up if he hasn't been served with the court papers.
Whatever the case, COLA has retained Kareem Musa, and Director of Public Prosecutions, Cheryl-Lynn Vidal, has asked to join them in the matter. With a trained attorney pressing for them, and the chief prosecuting authority in their corner, they are going to court fully equipped tomorrow. And so this afternoon, all 3 parties met at the DPP's Office in Belize City. When it was finished, the COLA president told us about how the meeting went:
Geovanni Brackett - President, COLA
"Well, at about 12 o'clock, we met with the DPP, COLA with our attorney Kareem Musa, to discuss to prepare for tomorrow's hearing at the Magistrate's Court in Belmopan. There is not much that we can say at this time without prejudicing case. But what I can update you, the media, since the last time, we wrote 3 letters, 1 to DPP. She has responded. We wrote one to the Auditor General, requesting all pertinent documents. Some would say that her response was not really much of a response because she respond in a letter to state that she's seeking advice from the Solicitor General before releasing any documents. From the Commissioner of Police, I've not received up to this day or this hour, nothing in writing from the Commissioner of Police. I was recently informed too by Mr. Musa that Mr. Flowers has received a letter to appeal the Mandamus. That has huge implications because indirectly, what the Commissioner is saying if they're appealing that Mandamus is to say, 'We still want refuse to fully investigate this matter."
Kareem Musa - Attorney for COLA
"The DPP has indicated that she is fully aware of her role as the DPP, as Mr. Brackett has said, is that there are individuals in this country who are paid to investigate. There are inviduals paid to prosecute, and Madam DPP is fully aware of her responsibility, and she will not abdicate on that responsibility. So, she has indicated that she will be present tomorrow"
Mike Rudon - Channel 5 News
"What do you all expect to happen tomorrow?"
Kareem Musa
"Tomorrow is the first hearing; it is the arraigned of Mr. Penner. I believe that he will be summoned, if he hadn't been summoned already, and I believe that if he has been summoned, he should appear tomorrow."
Daniel Ortiz
"Sir, can we be a bit frank? Do you guys have any material in hand? I know that you can't discuss, but do you have any materials in hand?"
Kareem Musa
"Yes, I won't going into the evidence, at this stage, but there is in fact, a mountain of evidence. We're talking from the Commissioner, and the DPP. A lot people are in possession of files, and we're actually, in addition to the files that we have - I think you saw - and the media has access to files as well. That was disclosed in the media, and disclosed at the Writ of Mandamus hearing. But addition to that, evidence, there is also a mountain of evidence that the DPP has, and that the Commissioner has. As Mr. Brackett has indicated, we're still awaiting a response from the Commissioner of Police, and we're still awaiting a response from the Auditor General, none of who seem to care about this investigation at all."
Marion Ali - Reporter Press
"Let's that Mr. Penner does appear in court, we know that he was absent for the 2 days of the budget debate, for reasons beyond or whatever, what is your next step?"
Kareem Musa
"Well, I will take the guidance from the court, because if a summons has been issued, and has been served on him, then certainly, a bench warrant should be issued for his arrest. I don't what the status is of the summons; I don't know whether he served properly. That is what I'm going to seek out from the court, Tomorrow."
Whether the case stands up in court depends ultimately on the quality of evidence that Musa and DPP Vidal can put before the magistrate to show that Penner does indeed have a case to answer.
That is the very same concern that Minister of Immigration Godwin Hulse expressed to the media this afternoon at another event. He recalled that, the Barrow Administration tried to get former Prime Minister Said Musa and Former Minister of Housing Ralph Fonseca prosecuted for theft, but that case was thrown out in 2009. Hulse told the media that he believes it must be carefully considered why Penner hasn't been charged by police:
Hon. Godwin Hulse - Minister of Immigration
"We're all aware of so many cases that have gone to the court and walked out. We just saw one where a baby was wrenched from a beautiful young lady. My wife taught that young lady, and everybody walked home. So please, you don't want to make a mockery of the system. You also know that this Government brought charges against the Hon. Fonseca and the Hon. Said Musa, and they walked right out of court. So, please man, you have to be proper, factual and tight. From where I sit, I know that I am very much convinced that Minister Penner did not act with the full propriety that he was expected of as a minister, and I got him out of the Cabinet within a day."
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