7 News Belize

Gapi And Monchie’s Last Face Off In Court?
posted (November 12, 2015)
The political battle in Orange Walk North between Gaspar Vega and Monchi Cervantes has been decided in Vega's favor. Right now, however, the battle in the Supreme Court continues without any declared winner.

The lawsuit, filed by Vega against Cervantes for slander, went back before the Chief Justice Kenneth Benjamin this morning. As viewers are well aware, Vega is defending his reputation against a tape released on national radio by the Cervantes Family in which the Deputy Prime Minister was accused of masterminding Ramon Senior's brutal killing.

The lawyers today made final submissions to chief justice Kenneth Benjamin. Rodwell Williams, who is representing Vega, focused his legal arguments on evidence in the case where he asserts that libel and slander had been proven against both defendants. Eamon Courtenay, attorney for Fiesta FM - who's being sued for libel, focused his submission on evidence presented that while his client did broadcast a portion of Cervantes family memorial service, the actual defamatory tape did not air on their radio station because they had technical difficulty in their studios. Said Musa, who is Monchi's attorney, focused on the assertion that the claimants had not proven their case against his client. He paid special attention to the fact that while the other side asserts that this defamatory tape that exists, it has not been played in open court, and so there is nothing for the judge to decide on against Cervantes.

This was the very last hearing before Chief Justice Benjamin reserved judgement to be handed down at a later date. As soon as the 4 hours arguments were completed, we spoke to both sides right outside of court. Daniel Ortiz reports:

Daniel Ortiz reporting
Four hours... that's how long these supporters of Gaspar Vega waited for him out in the sun this morning.

As soon as he and his wife exited, they greeted him warmly, apparently not the least bit bothered the extended pause to have the court hearing run its course.

Daniel Ortiz
"Are you satisfied with how the case has gone?"

Hon. Gaspar Vega, Deputy Prime Minister - Suing Ramon Cervantes Jr.
"I am satisfied with what I have done. I don't have any control over the case. The right thing for me to do was to take this to court, because I don't think anyone should have allowed such defamation assassination of character by any means. So with that I am satisfied."

Daniel Ortiz
"Do you think that you will have a favorable outcome? Are you expecting a favorable outcome?"

Hon. Gaspar Vega
"Of course I do. I sincerely do."

Rodwell Williams, Attorney for Gaspar Vega
"This whole case is basically based on what is called secondary evidence as you heard. Our being able to use the evidence of people who heard including Minister Vega, who heard the broadcast of the conversation and seek to understood the Spanish language and then seek to share what they heard and we say that we don't have to eciphima word for word plea and prove what was said. Once what we plea is there and we were pleaing was put there in Spanish of what we say was said and nobody else say anything to the contrary that was not said."

But, the other side are convinced that they have nothing to fear, that this case will be dismissed, and the two defendants will be vindicated:

Rt. Hon. Said Musa, SC - Attorney for Ramon Cervantes Jr.
"No primary evidence of any such tape evidence. There was no tape in evidence. No iPhone recording in evidence. All that is in evidence is what we called secondary statements made by witnesses who heard a portion of what took place at the farm. Very inadequate as presented by the claimant."

Ramon Cervantes Jr., Defendant
"Like the attorney said the claimant has failed to prove his case against me and there is no primary evidence to substantiate what he is claiming against me."

Eamon Courtenay, SC, Representing 2nd Defendant, Fiesta FM
"There is no evidence before the court that my client Fiesta FM broadcast this allege statements against Minister Vega. They have no proven it. They try to get it in through Kelly Guzman, through a transcript. Again, the judge rule that that was not admissible. So the submissions were made to the court this morning was that in the absence of that evidence, Mr. Vega cannot succeed in his claim against my client for liable. Sounds very technical, but liable is a technical area of the law."

Whatever the outcome Vega believes that he did the right thing by pressing the case

Hon. Gaspar Vega
"I didn't bring this court because of the elections. I brought it to court because I am convinced that that was the most appropriate and rightful thing to do for any, not only Belizean, but any person with dignity to do."

Daniel Ortiz
"I am making the point or I am asking you that it has apparently had no negative effect on you with your people in Orange Walk North. Is that an assessment you make as well?"

Hon. Gaspar Vega
"I never had a doubt that it would have had an impact."

Chief Justice Benjamin has revered judgment to be delivered on December 22. When that decision has been handed down, we'll tell you what it is.

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