It made major news last year when disgraced UDP representative Elvin Penner was criminally charged in Belmopan Magistrate's Court for the role he played in Citizen Kim passport scandal. The charges were brought through a private prosecution launched by COLA's Geovannie Brackett and Nedal McLaren.
Penner was acquitted in July based on the interpretation of a law used by Magistrate Aretha Ford. Since then, COLA's attorney, Kareem Musa, has been trying to get an appeal heard. Chief Justice Kenneth Benjamin, agreed that it must be heard, and was prepared to hear opening arguments this morning.
COLA and Musa, were prepared to start today, but Elvin Penner, who has been lying very low since this scandal broke in late 2013, was a no show. His attorney, Tricia Pitts Anderson, told the court that Penner retained her for this case 2 days ago. So, Chief Justice Benjamin was forced to adjourn the case to allow her time to get up to speed and make an adequate defence for her client.
We spoke with the private prosecutors outside of court about the very short hearing:
Kareem Musa, Attorney for COLA
"The appeal before the Honorable Chief Justice from the court's decision of the learned magistrate Ms. Aretha Ford - today was the first hearing of that appeal. As you know this matter concluded at the magistrate's court level in last year and in August of last year, we had filed our notice of appeal. We filed a ground s of appeal and we are now in a position to proceed with that appeal. We have filed our skeleton arguments as well. This morning we were notified that Mr. Penner had a change of an attorney. As you would recall at the magistrate's courts level he was represented by Mr. Ellis Arnold. This morning, we were notified that Ms. Trecia Pitts Anderson would be going on record and in that regard she requested an adjournment, because she was only retained I believe Wednesday of this week, so she will be needing a little time to prepare her arguments for a full hearing which is schedule now for the 27th February -- that's in two weeks I believe."
Daniel Ortiz
"Sir, what do you make of the judge's order, that Mr. Elvin Penner should appear on te next adjournment and that he wasn't here this time?"
Kareem Musa, Attorney for COLA
"Well, Mr. Penner is no different from any ordinary Belizean`. He is a defendant in a criminal trial, properly brought by Mr. `Brackett and Mr. McLaren, so, he is not exempt from appearing before the Supreme Court and I believe the judge was right in pointing that out."
Geovannie Brackett, President - COLA
"What I found strange with the absence with Mr. Penner is, if you were to change an attorney, I was asking my attorney, who gives that instruction, because even if I was to change attorney right now, I believe I would have to instruct Mr. Kareem who would be the next attorney. So, for that to be an excuse not for him to be here today, kind of have me a bit bewildered. I think it's unacceptable to use the word of the Chief Justice and so he shouldn't be treated any different."
So, as you heard, Elvin Penner has no choice but to show up at the next adjournment on February 27. We'll be right outside to see if he tries to muscle his way past us, or if he chooses to face the media this time around.
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