2 weeks ago, we told you about how Miguel Menjivar and his family finally filed a lawsuit against the Government and the Gang Suppression Unit. Their intention was to seek damages for the wreckage left behind after a GSU team unloaded over a hundred bullets on their Belmopan home about 4 years and 4 months ago.
He told the press in an interview that time that he was going to do everything he could to make sure that the case would happen. But, when the case was called up again before Justice Michelle Arana, it was abruptly thrown out. That's because the judge gave specific orders that documents, witness statements, and everything important to the case had to be filed by the claimants.
Arthur Saldivar is the Menjivar family's attorney, and that responsibility of filing court documents was his. Nothing was filed in time, and so the judge struck the case out, but gave them the option of bringing it back if they so choose. So, did Saldivar fail the Menjivar Family? That's what we asked him this evening:
Jules Vasquez
"The other side says that you failed to file the application and it was thrown out because you didn't do your work."
Arthur Saldivar, Menjivar's Attorney
"Well as you know I wasn't the attorney was had conduct of the matter originally. I took over the matter in October. So yes, we will re-file."
Jules Vasquez
"But you accept that you didn't file appropriately in this matter and that's why the case was thrown out."
Arthur Saldivar, Menjivar's Attorney
"From the time I made my first appearance, the application was being made. In fact the application was made on the date I came on board with this matter."
Jules Vasquez
"Yeah, but I don't know what that means."
Arthur Saldivar, Menjivar's Attorney
"It meant that I had to come and argue against an application to strike out. That was my first introduction into this case."
Jules Vasquez
"So you will be going forward with it all the way?"
Arthur Saldivar, Menjivar's Attorney
"Definitely. As I said, it's a travesty that this matter had to be litigated in the first instance. The government should accept that wrong was done."
We also got a chance to speak with Miguel Menjivar and his wife, who told us that they are just as determined to see this case through to the end:
Miguel Menjivar
"It's not the end of the case. Today we had a adjournment the last time for this date and from that day we got to know that the person representing the GSU, was not going to be here for this date. Today was just the lawyer inside. We were outside and not much was done today. I spoke to the lawyer and he said that he is still continuing and organizing the files to continue the case. We are victims of this case. All we have to do is wait and be behind our lawyer to make sure they are fighting correct. So, yes we will never give up."
We'll tell you if and when another claim from the family is filed.
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