7 News Belize

Case For Castro Worsens On Day Two
posted (May 15, 2015)
Yesterday, we told you about Area Representative Edmond Castro's very difficult day on the witness stand for his lawsuit against Channel 5 and Alvarine Burgess. Under cross examination by attorney Godfrey Smith, he admitted yesterday, that in hindsight, he risked his reputation by signing recommendation letters for Asian Nationals who were applying for Belizean visas. He said he did it to help Alvarine Burgess. Well, today, Burgess took the stand and asserted that he didn't act out of compassion, she said he did it for the money. She says that he knowingly took a bribe of $2,000 for each visa applicant that she was asking him to recommend to the Immigration Department.

Burgess took the stand for most of today's session where Castro's attorney, Rodwell Williams vigorously questioned her about different aspects of her story in which she accuses the minister of state of participating in an immigration hustle. Even through his suggestions that she was lying and that her story was false, Burgess stuck steadfastly to her story that Castro took money to recommend Asians for visas.

Castro, of course, completely rejects her allegation that he ever took money for the recommendation letters. He also claims that he only recommended persons on her behalf on only 2 occasions, and he claims that in his meetings with Burgess, his driver, Norman Middleton, and his friend, Vernon Cuthkelvin, were both present.

After today's marathon session, we spoke with both Alvarine Burgess and Castro's attorney, Rodwell Williams about their impression of how the evidence recording process went in the trial. Both sides confidently claimed victory to the press this evening:

Anthony Sylvestre - Attorney for Alvarine Burgess
"To use the word of Miss Burgess. She was excellent and extremely fantastic. In my short years of practice I haven't seen a more fantastic witness. I mean, questions were posed to her and she was good. She remained as firm as she was when she gave the first interview on the 23rd of October and the 12th of November. Anyone who was in court can see firsthand how credible she was."

Alvarine Burgess - Immigration Agent/Whistleblower
"I believe that in life once you tell the truth no matter, there's no going around under or over it. The truth would always be the truth."

Daniel Ortiz
"It turns out to be your word against his. Do you believe that you've done a good job of explaining clearly what this was?"

Alvarine Burgess - Immigration Agent/Whistleblower
"I believe I did a wonderful job. It's for the Belizean public to see that we do have a corrupt government."

Daniel Ortiz
"Would you reject the suggestion that no matter how hard you tried to pose Miss Burgess' story, you failed?"

Rodwell Williams, SC - Attorney for Edmond Castro
"Not really. I think were you to seek to count the inconsistences they do add up. They may appear to be little inconsistences. She sat on the fence. She doesn't want to jump over that side or this side of the fence. 'Fencing' as Mister Smith referred to. That's all she did, fenced and when the questions were too probing she simply didn't respond to them. I don't remember, I don't remember, I don't remember. "

So, the glaring issue in this entire scandal is the allegation that Alvarine Burgess paid a bribe to Castro. That issue remains unresolved, and Castro maintains his innocence. But, is there an actionable allegation? And does this open both of them up to criminal prosecution by the state? That's what we asked both sides, and here's how they responded:

Daniel Ortiz
"Did you fear at any point that the statement tried to prosecute you for your actions, even though it's in the past?"

Alvarine Burgess - Immigration Agent/Whistleblower
"Well I think we will cross that bridge when we get there."

Mike Rudon, Ch5
"Do you feel that is was an attempt of intimidation?"

Alvarine Burgess - Immigration Agent/Whistleblower
"Well like my lawyer said, yes"

Anthony Sylvestre - Attorney for Alvarine Burgess
"That was definately a question I honestly thought was a low, on part of the Council for Mister Castro to ask such a question. How can he seek to suggest that only Miss Burgess ought to be prosecuted. Certainly this would have been a matter that would involve the Honorable Edmund Castro so if there's any question or issues of prosecution then he obviously wouldn't be involved with respect to any such discussion."

Rodwell Williams, SC - Attorney for Edmond Castro
"I don't think it is conceivable to any reasonable person that Miss Burgess would wish to maintain that she could get away with saying "I bribe the Minister but only the Minister is guilty of bribery. I don't have anything to do with it because the Minister tell me to give the money." No reasonable person would let that fly in my view. Even though there are unreasonable persons. I think that it really destroys her own credibility because she refused to [conceive] even though she probably won't accept she was morally wrong but she's more than morally wrong if what she said is true but she is refusing to accept that."

Mike Rudon, Ch5
"Is that the entire trust of your cross examination?"

Rodwell Williams, SC - Attorney for Edmond Castro
"No I wouldn't go through the entire cross examination it was too long but the cross examination is that she was simply lying about what she alleged and I think her failure to come forthright in relation to bribery.... It is certainly not and that won't fly for anybody. That's one of the major ointment I think in terms of her testimony."

Mike Rudon, Ch5
"That point then would mean that you're accepting that the minister did accept the bribe that she..."

Rodwell Williams, SC - Attorney for Edmond Castro
"No, I'm not accepting anything. I am saying to you that her credibility is impugn by the fact that she had the gall to say to a reasonable person or this court that bribery is a one way street. There's the briber and the bribee, the giver and the taker and they're both liable unexposed."

Mike Rudon, Ch5
"Have you at any time regretted doing what you did by going public?"

Alvarine Burgess - Immigration Agent/Whistleblower
"No, never one minute."

On the witness stand, Burgess told the court that her husband's illness backed her into a corner financially. On the allegation of bribing Castro, she told the court that at the time of the transaction, she didn't believe that she did anything wrong. That's because according to her, it was Castro who required payment. She said that she didn't realize that she was participating in a visa hustle until after the Elvin Penner Immigration scandal broke. She claims that this is also her reason for coming forward to the public because she wanted everyone to know the extent of the visa hustle.

The case goes back to court on July 3, where the attorneys will make closing arguments, and after that, Justice Courtney Abel will decided if Channel 5 and Alvarine Burgess defamed Castro.

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