Today in the Supreme Court, former PUP Secretary General Myrtle Palacio was duking it out with Alfonso Noble, the Editor of the UDP’s Guardian Newspaper. She is suing both Noble and the Guardian for libel for an article headlined, “PUP Secretary General Endorses the Use of Witchcraft in Politicsâ€￾, which was printed in the Guardian Newspaper back in December 2014.

The libel suit got its day in court today before the chief Justice where Former PUP Prime Minister Said Musa represented Palacio. The UDP’s Legal Advisor, Michael Young, defended Noble and the Guardian Newspaper. 

Now, this fight dates back to December 2014, when Myrtle Palacio appeared as a guest on the Positive Vibes Morning Show. That was shortly after nomination day for the By-Election in Cayo North where the PUP’s Richard Harrison was defending the PUP’s seat against the UDP’s Omar Figueroa after representative Joseph Mahmud resigned. 

On that talk show Myrtle Palacio complained bitterly about returning officer
Marcelo Windsor, and suggested that his credibility as a fair election officer had been compromised.  In defence of the Guardian, Michael Young played a recording of that portion of the broadcast for Chief Justice Kenneth Benjamin. 

Here’s an excerpt of what she had to say with subtitles:

Following that talk show, the Guardian Newspaper printed their article suggesting that Palacio endorses witchcraft in Politics. On that very same page, the Guardian’s weekly cartoon, titled “PUP’s Election Preparationsâ€￾, depicted a witchcraft ritual. For some, it might be political humour, but, as a Garinagu, Palacio is outraged, and says she’s the one depicted in the cartoon -  performing a Dugu ceremony.  Now, if you’ve been following the news, you’ll know that’s an already touchy matter after Pastor Scott Stirm’s controversial comments. 

So, although the article was printed over a year ago, it is being framed in the same context as Stirm’s remarks. After this morning’s hearing, we spoke with both sides, and here’s what they had to say:

Iris Myrtle Palacio - Claimant
"I feel very strongly at the time and even more so now as we come under attack as a people in Belize that particularly the headline which spoke to the cartoon that was at the bottom which to me disparages a very important part of the Dugu ceremony, the cock killing ceremony. Certainly that cartoon was there to back up whatever nonsense was in the article and it was very disparaging to me as a Belizean and as a Garifuna Belizean."

Daniel Ortiz
"Mr. Fono, Ms. Myrtle is trying to draw the comparison between you and Pastor Scott Stirm who made those comments on the Dugu ceremony. What's your response to that?"

Alfonso Noble - Defendant, Editor Guardian Newspaper
"Well Ms. Palacio can say what she wants the article is there, it is very plain, it is an article of truth. She said certain statements, she uttered certain things and I recorded on them, it does plain and simple; candles must be burnt over his head and that is to me endorsing witchcraft."

Michael Young - SC, Attorny for the Defendant
"We should add too that in cross examination of Mr. Noble, Mr. Musa wanted to go into that direction and the court refused. Why? For the same reason I'm stating now, what the Pastor says is what the Pastor says. In this case is a specific issue, a specific allegation which we are addressing."

Daniel Ortiz
"The defendant has made the case that nowhere in the article there is any suggestion that it refers to the Dugu ceremony and that your interpretation is not an interpretation of fact."

Iris Myrtle Palacio - Claimant
"You are telling me, I just told you that cartoon and please take a look at it, you need to do your research as news people as well instead of pushing mics into people's faces when you ask questions like that because I'm not going to go on a back and forth with that. Look at the cartoon, look at the topic and look at who they are talking about. I was the Secretary General and I am a Garifuna, the cartoon is disparaging of the cock killing ceremony calling it witchcraft, calling me performing witchcraft. This is how I see it and this is what I'm putting to you and that is why we are in court."

Daniel Ortiz
"The judge will make that determination if indeed that is what had happened though."

Iris Myrtle Palacio - Claimant
"That is why we are at the court, there is a judge, I feel very strongly about what I just mentioned to you."

Daniel Ortiz
"The court played a recording of the conversation that Ms. Palacio had with the host of the Positive Vibes and she did make certain statements. The defendant says that is fair comment, he is reporting back what he heard on that show. What's your response to that?"

Rt. Hon. Said Musa - SC, Attorney for the Claimant
"Well it's a very technical argument which I will deal with in my written submission to the judge, the issue of fair comment but I will just say this much at this stage; fair comment must be based on a factual foundation for you plead fair comment. And just to say as Ms. Palacio said in the transcript that was played back this morning that; a caller had called in and suggested a way of dealing with Mr. Winser who is the returning officer and she was saying no, no don't get down to that which could have a very serious negative implication; but she was saying just light the candle and pray for this man basically, that's what she was saying. But of course they are interpreting that to mean the practice of witchcraft."

Daniel Ortiz
"Was there any malice intent with the article?"

Alfonso Noble - Defendant, Editor Guardian Newspaper
"Absolutely none, we pointed out a fact, we pointed out that she made a statement and that is as much as we can say. It is something I would imagine the grander society would not agree with meaning practicing witchcraft."

Of note is that Wave TV Morning Talkshow, in which Alfonso Noble is a host, was the first to expose Stirm’s comments. And so now, it makes for a bit of irony that he’s being compared to Stirm given that Wave TV and the Guardian Newspaper was the first to jump on Stirm for its own political reasons.