Last night, we showed you a few of the eye-catching excerpts from the leaked Auditor General's preliminary report into the irregularities at the Immigration Department.
COLA was the first to get the document to help their private prosecution of Elvin Penner. The only problem is that the report isn't very useful as evidence in a trial because it is considered hearsay. So, COLA was still searching for first hand evidence when they went back before the Belmopan Magistrate's Court today. Of course, the time for securing evidence had passed, because today was the date that COLA should have handed over all materials they intended to use against Penner. So, would they get another extension - or would the case be dismissed for want of evidence.
7news was in Belmopan for the hearing, and Daniel Ortiz reports:
Daniel Ortiz
"Mr. Penner, you are expected to come back here one last time for trial, what's your expectation?"
Hon. Elvin Penner - On Trial For Immigration Charges
"No comment at this point in time."
Daniel Ortiz reporting
Today was the very first time since he's been coming to court that Elvin Penner actually responded to questions from the awaiting media.
Perhaps, he chose today knowing that so far, COLA hasn't provided much by way of evidence to convict him for the crimes he's currently accused of.
COLA says, however, that come July 24, they will have some sort for Magistrate Aretha Ford to consider before deciding on his guilt.
Geovannie Brackett - President, COLA
"Our attorney on behalf of COLA submitted our final disclosure at this point. The trial date is set for July 24th where we come 
back to actually start the trial. For us, we believe that this is historical. You all know in the media the challenges that COLA has had in the different authorities who are holding evidence whether it is the passport that has yet to come into the country, the Commissioner of Police is refusing to give us what he has at this point. He is in possession of the case file and so we are calling on those authorities to work with us to do your job that you are paid to do and not have to force us to actually go extra length that you are paid to investigate then investigate."
Kareem Musa - Private Prosecutor For COLA
"I will only speak in terms of what I can divulge at this stage because it is a trial that would be held on the 24th of July. As you know and as Geovannie just mentioned there are certain evidence that is in possession of certain individuals and those individuals have been covering up this very heinous crime that has been committed against the country of Belize. So we have been unsuccessful in getting that evidence and I am speaking specifically about the Belizean passport issued to Won Hong Kim, I am speaking about the immigration file concerning Won Hong Kim which the auditor general's report confirms was taken out of the immigration department by the said defendant Elvin Penner and I am speaking also of the passport, the immigration file and also the commissioner's investigative file. There is section of the law, it is section 30 of the summary jurisdiction procedure act which allows a magistrate, she has the discretion to order individuals who are in possession of materials evidence to deliver up that evidence to the court and I will tell you right off the bat that we will be relying heavily on that section of the law."
Daniel Ortiz
"You have another month to prepare for this particular trial. Based on the track record, you've not have success. So how do you answer to those critics who say that when the trial dare comes it will just be struck out as quickly as it came here in court?"
Kareem Musa - Private Prosecutor For COLA
"Well, it didn't get struck out as quickly or else it would have been struck out on the same day. I think that COLA has done an amazing job and I keep applauding them because they have kept the fire burning in this very important national issue Daniel and to the critics that say that well I say to them that we are trying our best. We are trying our best in the situation, in the circumstances where there is a clear case of a cover up, so I don't think that the Belizean public will chastise COLA for this, it's not COLA that is covering up this very heinous crime, so I don't see how it will ever fall back on COLA for that."
On July 24, the actual trial will start against Penner, and if Kareem Musa and COLA cannot provide materials for Magistrate Aretha Ford to consider, then Ellis Arnold, Penner's attorney, can press for the charges to be struck out by way of a no-case submission.
As you heard in our interview, Musa is determined to avoid that outcome, and he intends to ask the court to formally request evidence. He also says that the prosecution may ask the court to summon the relevant ministers and public officials so that they can be questioned under oath.
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