Another major case which went back to court today was the lawsuit for defamation which Belize Rural North Area Rep Edmond Castro brought against Channel 5 and Immigration Agent turned whistle-blower Alvorine Burgess. Viewers may know that Burgess gave an interview to that news station alleging that Castro was selling scores of visa recommendations for hundreds of thousands of dollars.
The attorney for Channel 5 wanted Justice Courtney Abel to strike the case out because they are supposedly insulated from a defamation law suit under the prevention of corruption in public life law.
It was a closed in-chambers session, and so outside of court, we asked the attorneys for both sides how the hearing went:
Godfrey Smith - Attorney for Channel 5/Great Belize Productions
"Essentially the judge decided this was an application where we were saying that the claim against Channel Five/Great Belize Productions should be struck out because of the immunity from suit provided by section thirty-five of the prevention of corruption act. The judge came to the view that he preferred that this matter be dealt with at the trial of the matter as a preliminary point so he did not allow us to proceed with that. So he says we are not dealing with it today, you are free - nothing bars you - from bringing this precise point when we're dealing with the whole matter and I will rule on it then no order as to cost."
Rowland Parks, reporter
"This matter continues when?"
Godfrey Smith
"We await case management directions, so there is no date for it. Case management will be on the 30th of June."
Reporter
"In some sense it's kind of like a small loss for you because you would have expected that it be struck out, that it not continue?"
Godfrey Smith
"We just have to wait a bit longer to seek the protection of section 35. We are convince that it provides immunity. We say it does. The judge felt that look, this is new and developing area, he wants to look at it at the trial even if it's a preliminary point."
Rodwell Williams - Attorney for Hon. Edmund Castro
"That provision creates an absolutely immunity against any suits; civil or criminal. Once you make a complaint to the Integrity Commission and in fact yes, Channel 5 did make a complaint to the Integrity Commission. That complaint however was made subsequent to the airing of the offending broadcast."
At this point, the lawsuit is still in the case management phase, with no full hearing scheduled yet.
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