7 News Belize

11 Mayans Charged For Detaining Black Man
posted (June 24, 2015)

For the past 2 days, we've been telling you about the story from the Toledo District where the Mayan residents of Santa Cruz Village handcuffed and tied Creole Belizean Rupert Miles. He says that they unlawfully detained him and tried to kick him out because he's black. They say that they did it because he destroyed a portion of the Uxbenka Archaeological Site when he built his house on village lands without the proper permission.

Well, it seems that the police agree with Rupert Miles - that he should not have been detained. Today, they marched 11 Mayans to the Punta Gorda Magistrate's Court for the offence of unlawful imprisonment. They are all Santa Cruz villagers, namely 24 year-old Michael Sho, 30 year-old Alfredo Mes, 20 year-old Timoteo Sho, 26 year-old Pedro Teul, 43 year-old Basilio Teul, 34 year-old Renato Canti, the 2nd Alcalde, 28, year-old Isabel Canti, 23 year-old Oliegario Sho, 44 year-old Raymundo Sho, 24 year-old Armando Mas, and 33 year-old Aran Canti, the Village Chairman. The eleventh person to be arraigned today was 34 year-old Cristina Coc, the well-known spokesperson for the Maya Leaders Alliance. She was charged, however, with the separate offence of conspiracy to commit unlawful imprisonment. Viewers will remember that Rupert Miles told us that they arrested him on the orders issued by Coc.

This is a first, and our news team went to Punta Gorda Town for the arraignment. The media spoke with the Mayan's attorney, Audrey Matura-Shepherd:

Audrey Matura-Shepherd - Attorney for Mayas

"This morning at 3:30 or 4 o'clock - as though they are dealing with common criminals, they don't even go to the boarder and get the Guatemalans at pre dawn operations. They came to the village of Santa Cruz while men and women were sleeping. What the police don't want you all to see is that many of these people do not have on shirts and they were not wearing any shoes. The police in an inhumane way refused to make them put on a simple shirt and refuse to let them put on a shoe. It is begging other fiends out here that people took off their shirts and gave it to them so they can go before the court - and that needs to be known. So that pre dawn operation is just showing the might of the state. It is happening in Santa Cruz and let me tell you, it happens in Belize City everyday, it's not something new to me. It's our poor people, oppressed people always feel the sting of the state. Bail was set at $8,000 initially. However under the regulations or the instructions issued by the chief magistrate - if your bail is set over $5,000 you must bring land paper. Now we're talking with people who are talking about communal land rights, so they don't have land papers. So effectively you can't get bail. Now the magistrate, I made an application to him to ask him to use his discretion because he has the power to use is discretion and vary the terms of bail - the amount. He can give either the $8,000 and split it into two surety, which means each person will only be signing for $4,000 each. Or, he can reduce the bail to $5,000 so that you can access bail without getting land paper. I must say that initially he has indicated his style is that - once he give bail that's it. But I'm glad that he heard our application and used his discretion because as I pointed out to him - under our constitution, bail is a right, it is not a privilege. Your freedom, your right to freedom under the constitution is important, it is of right. So no court system should give you some kind of bail or make some kind of provision that makes it beyond your reach. And as I indicated to him, these people don't own land title. The mere fact the issue arises is out of communal land rights. They don't have one title to say here and go. It's rather interesting because it shows you clearly that the system that we have designed does not keep in mind the cultural difference of our indigenous people. Because the system was never designed for poor people."

Additionally 4 of the defendants were arraigned on separate charges from the rest. Both Chairman Aran Canti, and Michael Sho were charged with common assault against Rupert Miles. Armando Mas and Isabel Canti were charged aggravated assault against Rupert Miles.

No plea was taken for any of the charges because all 12 Mayans were charged with indictable offences. They were granted bail, which they met late this evening, and their case was adjourned to July 29.

The arraignment happened late this evening, and at this time, our news team is traveling back to Belize City. We'll have the full story from PG in tomorrow's newscast.

Now, this issue has become a flashpoint for a long simmering issue: the ownership and governance of communal lands in the Toledo District and the constitutionally enshrined rights of all Belizeans to move freely within Belize. The issue has been bubbling close to the surface for some time now, and it first flared up publicly in January of 2015 when the very outspoken Toledo Resident Joseph Estephan forced a confrontation with Christina Coc at the Mayan Leaders Alliance Officer in Punta Gorda town. He video taped the exchange – and here is a portion that sort of crytallizes the debate – this was captured on amateur vide:.

Joseph Estephan - Toledo Resident

"You cannot stop me from going to no village. None, what so ever. I can ask to enter the village as a matter of courtesy but you cannot stop me."

Christina Coc - Maya Leaders Alliance

"It will be illegal for you to barge into a community if the leaders did not accept you."

Joseph Estephan

"Ma'am let me tell you something Christina and i'll tell you now (slams table). If I going to that village and I'm going in there this evening (slams table) and none of you will stop me from going in there."

Christina Coc

"You know what Mr. Estephan?"

Joseph Estephan

"I'm no the ask you, I the tell you. Because it's not illegal"

Christina Coc

"Let's put you on notice."

Joseph Estephan

"Put me on notice for what?"

Christina Coc

"This gentleman that's an alcalde - "

Joseph Estephan

"I don't mind if you are an alcalde, it no matter me. I have a right to go into the village. No tell me no stupidness man!"

Christina Coc

"Record this."

Joseph Estephan

"Record this yes."

Christina Coc

"He has every right as an alcalde to arrest you."

Joseph Estephan

"Arrest who? (Explicit) all of you."

Christina Coc

"If you trespass without permission. If you want to test it, go ahead and test it."

Joseph Estephan

"You no will stop me from going in no village. I come back here because I hear this nonsense you know. I hear this nonsense and this is Belize, this is not Guatemala."

Estephan was accused of circulating what Coc says are false documents alleging private land ownership on her part.

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