7 News Belize

SANTA CRUZ 13 Vs. The DPP
posted (May 12, 2016)
It's been almost 11 months now since the 13 Mayans from the Toledo Village of Santa Cruz were arrested and charged for detaining and attempting to evict Creole Belizean Rupert Myles. They continue to accuse him of squatting on - and causing damage to -their sacred Ux Benka Mayan Site.

Well, when their case was called up yesterday in the Punta Gorda Magistrate's Court, the Director of Public Prosecutions asked for an adjournment. It was granted, and the Mayans are now upset that the criminal trial hasn't progressed to completion.

The DPP has explained to us that the reason she requested the adjournment is because her office has only just come upon a crucial audio recording which documents the incident for which the Mayans have been charged. The DPP needs time to authenticate it, since it could swing the case in one direction or the next, to a swift conclusion.

Today, the Toledo Alcalde's Association sent out a statement voicing their discontent that the trial has been put off once again, after it was to commence yesterday.

The statement says, quote, "Today's (is) the seventh adjournment requested by the prosecution, and the 9th overall, putting on hold the lives of 11 families, left to bear the emotional and economic costs of a prolonged trial. The Santa Cruz 13 have taken painstaking efforts to consistently present themselves at each trial date, while the complainant, Mr. Myles, has repeatedly failed to appear. Counsel for the Santa Cruz 13 asked the court to exercise its authority under the law to dismiss the case because the prosecution is not ready. Instead, (the court) granted the adjournment until June 27th 2016, allowing the Director of Public Prosecution time to acquire more evidence." End quote.

But DPP Cheryl Lynn Vidal categorically rejects that account. She then explains in detail how each adjournment came about.

While it was first set for trial on the 17th of February, "on that day, the matter could not have proceeded…because Counsel had made an application for the presiding magistrate to recuse himself from hearing the matter. The magistrate did recuse himself and another Magistrate, the Chief Magistrate took over the case. The DPP adds that the next two adjournments were requested by the Defence." She concludes, quote, "This is the only other adjournment that the Office of the DPP has requested."

She adds, quote, "On the 30th of March we appeared for trial in this matter and we were ready to proceed. There was no appearance of Ms. Audrey Matura, one of the Counsel for the defendants. WHILE..the Chief Magistrate was on the bench, a fax was provided to her indicating that Ms. Matura was unable to attend Court. The matter was adjourned on Ms Matura's application, through co-Counsel Mrs Magnusson, to 9th May."

She adds that after that that day, in Punta Gorda Town, the Prosecutors learned of the recording of the meeting held in Santa Cruz. She says they made several attempts in the proceeding days to obtain that recording but were unsuccessful.

She then explains that the Defense, by way of their attorney Monica Coc Magnusson, requested 2 adjournments, which were granted, and other adjournments had to take place due to the actions of the Defense.

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