7 News Belize

Hon. Penner Back To Court On Criminal Charge
posted (May 29, 2014)
For the past 2 months, Elvin Penner has been out on bail from Magistrate's Court after he was criminally charged for 2 immigration offenses. His prosecution was initiated by the Citizens Organized for Liberty through Action (COLA), after the Director of Public Prosecutions stated that she doesn't have enough evidence at her disposal to prosecute him for his role in the Won Hong Kim Passport scandal.

But all through that time, COLA and its attorney Kareem Musa have not had any kind of success with the Auditor General, the Ombudsman and the Commissioner of Police to get evidence to substantiate their criminal case against Penner.

So, today, they went back to court for the first adjournment of the case, and 7News was there. Here's how it went:

Daniel Ortiz reporting
Elvin Penner exited the courtroom today stoic and silent, not a hint of concern that he was being criminally prosecuted.He ignored all questions from the press demanding a comment for this scandal, which he has yet to publicly address since his email to 7News.

The fact is though, he got one step closer to walking away from this criminal case and walking away unscathed. The private prosecution just barely made it past this adjournment after heated arguments from both sides.

Kareem Musa - Private Prosecutor for COLA
"Senior Counsel Mr. Arnold made a submission that the matter be struck out at this stage, but I indicated to the learned magistrate that today was not a date for trial. In fact it is merely the disclosure date, so such a submission can only come once evidence has been lead, meaning that our witnesses have taken the stand and in fact the magistrate have determine that there is not sufficient evidence for the matter to go on. This is not the stage for that, so I think that it was a premature attempt on the part of the defendant."

Reporter
"Does this mean that on the 26th of June that can't happen?"

Kareem Musa
"As I understand it it's the date for full disclosure. We gave partial disclosure today, so in my opinion it has not been set as a trial date, it was set for further disclosure."

Rowland Parks, reporter
"Mr. Arnold was arguing that the material that you gave him does not amount to disclosure?"

Kareem Musa
"I won't discuss the merits or demerits of our disclosure at this stage because that is for magistrate to determine. I don't want to prejudice our case, but that is his opinion. I have a different opinion from him."

The Private Prosecution of this case hinges greatly on the material that the auditor general and the police department have gathered, and so, the hope is that at the next adjournment, COLA will have something to present to the court for full disclosure, preferably the criminal investigation file.

Kareem Musa
"I requested an adjournment today and thankfully the magistrate realize that while this may be a private persecution a lot of the evidence is in the public realm and so Mr. Brackett can't just go into the immigration department and find the passport. He cannot go into the immigration department and pick up the investigated file or the immigration file, so indeed we do rely heavily on what the police has gathered and I think the magistrate has realize that."

Marion Ali, reporter
"You ask for one month adjournment, do you feel you will get the evidence within that one month and if not what will be your next step?"

Kareem Musa
"Based on the history of this case Marion, I must say that I am very disappointed, it is a very frustrating experience. I am not expecting to get the file but I am hopeful that at the end of the day the rule of law will prevail and we will be getting that file."

Geovannie Brackett - President, COLA
"Every move that COLA has made that every single department in the government whether they are directly attached or appeared to be independent have tried to frustrate the process. We are hoping that at some point that the commissioner of police will return the file to the DPP for her to decide to give us. She has made it very clear that she does not object to us holding the files."

At today's hearing before Magistrate Aretha Ford, Musa provided partial disclosure to Penner and his attorney Ellis Arnold. After a 10 minute adjournment, Ellis Arnold strongly objected to Musa's request for a month's adjournment. He did so on the grounds that COLA supposedly abused the legal process because it should have had some form of solid evidence to justify filing the charges.

He submitted that if the prosecution was unable to produce that evidence at this stage, then Magistrate Ford should move to strike the matter out because Penner's constitutional rights were being violated.

After careful consideration, Magistrate Ford adjourned the case until June 26, which she declared to be the final adjournment for full disclosure.

But while that's what played out in the court, on the ground in Cayo Northeast, a campaign to replace Penner as UDP standard bearer is in full swing.

Today, we passed through Cayo Northeast, and saw 1 of the hopeful's on the campaign trail. We asked him if the scandal has caused the voters from that area to doubt the UDP. He told us that it's quite the opposite. He says that even after all that's been revealed, Penner still has the support of Cayo Northeast.

Reporter
"Do you think that this Elvin Penner scandal with the passport will be a backlash to your campaign? Do you feel that UDP supporters here in Cayo Northeast have lost trust in the party?"

Eduardo Salim Juan - UDP Aspirant, Cayo Northeast
"I don't believe that Elvin Penner has anything to do with our campaign at this point in time. We are all new candidates for the United Democratic Party and that obviously will not have any issues to our campaign."

Daniel Ortiz
"This is a very huge matter that is unresolved and there is the perception that there is an undercurrent of protection that Mr. Penner is enjoying from his former affiliation with the UDP administration as so that could transfer over to a loss of confidence here in Cayo Northeast?"

Eduardo Salim Juan - UDP Aspirant, Cayo Northeast
"Mr. Penner in Cayo Northeast is still love by the people. If he should be a candidate tomorrow I believe that the people of Cayo Northeast would have still come out and support Mr. Penner one hundred percent."

Reporter
"And you would have stepped aside?"

Eduardo Salim Juan - UDP Aspirant, Cayo Northeast
"I would have definitely stepped aside if was to be the candidate today."

Later on in the newscast, we'll have a bit more about that UDP convention set to be held in that Constituency to see Elvin Penner replaced as Standard Bearer.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize