And that's just what the Whylie intended to do in this case: wait until the Auditor General finished her report, and then act on her findings –paying no heed to the fact that at least one of the offences could have been statute barred.
But, because the PUP got the Supreme Court to issue an order of mandamus – the criminal investigation went ahead – and it now constitutes a quite hefty file. All we are told is needed to complete it is the Citizen Kim passport, which Belize's Ambassador to Taiwan is expected to return to Belize this month.
The DPP undertook to give private Penner prosecutors, COLA and its attorney Kareem Musa the file last week Friday – that was, if she got it back from police as requested. But she didn't – and so COLA still doesn't have any evidence to disclose at its next court date.
So where is the file? And why hasn't it been sent back to the DPP? That's what we asked Whylie today. Quite surprisingly he knew nothing about the whereabouts of the file for the investigation which the Supreme Court ordered him to launch:
Jules Vasquez
"Sir, we know that the D.P.P. has told the press that she has requested that the file be returned to her, the Elvin Penner investigative file be returned to her and at that point she would share it with COLA and their attorney who are doing a private prosecution. Why has the file not been returned to her and how do you all feel about sharing the file with a civilian, actually a police investigative file with a civilian organization?"
Allen Whylie - Commissioner of Police
"Well Jules, what you are sharing with me is news, I've heard nothing from the DPP in terms of she has requested the file to share."
Jules Vasquez
"It's a matter of fact, she's gone on the record and said that in fact she has made an undertaking to share it with COLA. Are you willing to entertain that, that a police investigative file be shared with COLA for a private prosecution?"
Allen Whylie
"It's not a decision from me, once the file is sent to the D.P.P. if she sees fit then that is her. If she has the authority to do it that is fine."
Jules Vasquez
"Okay, so where is the file now?"
Allen Whylie
"Well, I'm not sure if the file is with us or with her. I am not sure. The last occasion I know the file had been submitted to her. She hasn't sent it back to me."
Hipolito Novelo
"But she is saying that she had it, then you had it. Clearly there is some misinformation happening."
Allen Whylie
"I don't know what the DPP said. I haven't heard what she said, so it would be improper for me to comment on what you're saying."
Today the DPP confirmed that she has written Assistant Commissioner Blackett and attached a copy of COLA's request for the Penner file – which she does not oppose. But, no action has been taken and the file has not yet been returned to her office.
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