President of Senate States Position on Standing Orders

Last week, Senator Michael Peyrefitte publicly criticized the Briceño Administration for what he interpreted as a breach of the Senate’s Standing Orders. Today, Carolyn Trench-Sandiford, the President of the Senate, announced her position on the matter. As we reported, Senator Peyrefitte contended that the standing orders stipulate that the lead senator for government business must be a minister. Senator Eamon Courtenay remains the lead senator for government business, in spite of his recent resignation as a government minister. President Sandiford sought the legal opinion of Attorney General Anthony Sylvester. That opinion was made public on Wednesday and this morning, the President of the Senate leaned on the AG’s legal opinion to state her position.

 

                 Carolyn Trench-Sandiford

Carolyn Trench-Sandiford, President of the Senate

“In ruling on the matter I requested a legal opinion from the Honorable Anthony Sylvester, the Attorney General and principle legal advisor to the Government of Belize by virtue of section forty-two of the constitution. Based on his advice and my own considerations, I am satisfied that there is no need for the leader of government business in the Senate to be a minister or member of cabinet. The standing order makes a clear distinction between the minster and senator in charge of government business and bills, motions, resolutions or papers may be presented by the senator in charge of government business and debated by the Senate even when such senator is not a minister.”

Senator Peyrefitte Disagrees With AG’s Legal Opinion on Lead Government Senator

Following today’s Senate meeting, we asked U.D.P. Senator Michael Peyrefitte if he agrees with the Attorney General and the President of the Senate’s position on his legal query about having a lead senator for government business who is not a minister. As would be expected, Senator Peyrefitte says he disagrees with the AG’s legal opinion. Notwithstanding the opposing legal position, Senator Peyrefitte and a full complement of U.D.P. Senators were present at today’s sitting.

 

Michael Peyrefitte, U.D.P. Senator

“Well, I don’t agree with the legal opinion nor the president’s position. But, that is her ruling and I respect the institution so I will respect the ruling, but the party reserves the right to see what other steps it will take from here on out after consideration concerning the issue. I want to leave it at that. I wrote to her and she wrote me back and I respect her for that, unlike the prime minister who doesn’t answer me. She wrote me back and gave me her answer. Now we will look at it as a party and determine where we go from here, but I don’t agree with it.”

 

Paul Lopez

“Your thought on the prime minister’s response to your concern?”

 

Michael Peyrefitte

“I think I addressed that already, I said bad precedents don’t make good law. Not because you did something a while ago that was not correct and it was not checked or corrected means that if you do it now it can’t be wrong. I still stand by my opinon that the leader of government business has to be a minister, but the president has ruled that way. And, the opinion of the AG is kinda incorrect in terms of some factual things they claim to be facts, as it relates to Fred Martinez and Dickie Bradley. But, like I said the matter will be presented to the party and the party will determine where it wants to go from here.”

Senator Eamon Courtenay Explains His “Cabinet Privileges”

And, we also heard from Eamon Courtenay, the Lead Senator for Government Business. He explained how he is able to function in his role as a senator after resigning as a government minister. Senator Courtenay did not wish to discuss his resignation. He noted, however, that the prime minister has already spoken on the matter. Nonetheless, he confirmed that he maintains Cabinet privileges as a result of his position in the Senate.

 

Eamon Courtenay, Lead Government Senator

“As usual whenever Michael Peyrefitte raises anything it is mischief. He either misinforms himself or fails to understand. Even when it was pointed out to him that the standing order he was referring to is not applicable, he still persisted in writing to the president. It served an opportunity, one for the Senate to get advice from the attorney general for the legal position. The legal position is very clear, the standing orders makes a distinction between ministers on the one hand and leaders of government business on the other hand. There is no requirement that the leader for government business be a minister, be a member of Cabinet. That is very clear from the standing orders and the president explained all of that this morning. Secondly, as I have said, Fred Martinez, Doug Singh, same position, they were not in Cabinet but they were leaders of government business. So there is nothing new about this happening. It is just the usual mischief from mike.”

 

Paul Lopez

“Outside of your ministerial position now, how do you become informed or aware of the government’s or Cabinet’s intentions behind a bill or a motion?”

 

Eamon Courtenay

“Right, so that is why in the press release, when the prime minister announced my resignation, they used the phrase Cabinet privilege. The tradition and convention well establish that as has happened with other, the leader for government business is invited to Cabinet when there is major legislation being debated, discussed in Cabinet so that you can know, when it comes to the Senate, what the government’s thinking is. Since the end of December when I left Cabinet, I have not been to single Cabinet meeting because there has not been any major legislation that my presence needs to be there so that I can participate in the debate and understand it. But, the idea is whenever there is a major piece of legislation I will be invited the Cabinet, assuming I can make it, I will attend to make sure I understand what government policy is behind the legislation.”

Government Updates Media on Draft Maya Land Policy

This morning, representatives of various media houses met for breakfast with the Minister of Indigenous People’s Affairs and her senior staff, including C.E.O.’s Adele Catzim and Marconi Leal Junior.  Also present was Senior Counsel Andrew Marshalleck and Assistant Solicitor General Samantha Matute-Tucker on behalf of the Office of the Attorney General.  The purpose of the breakfast meeting was for the Government of Belize to provide an update on where it is in respect of the draft Maya Customary Land Tenure Policy.  Following a demand by the collective Maya communities that government consults with them in their respective villages, Minister Dolores Balderamos-Garcia announced today that they will be visiting all forty-one indigenous communities to meet with villagers regarding the draft policy.  She also explained that the Office of Indigenous People’s Affairs had already scheduled a public consultation in Punta Gorda Town prior to the mass gathering in Santa Elena on January twenty-seventh.

 

                Dolores Balderamos-Garcia

Dolores Balderamos-Garcia, Minister of Indigenous People’s Affairs

“Yes, we do intend, it will set back the process, as senior counsel has said, but we do intend to reach out in going back to the villages because I think that in responding to the political reality, because there is pressure, senior counsel and Samantha [Matute] can speak to the legal aspect, I have to try to address the political reality.  We do intend to go back to as many villages as we possibly can, even if we have to bring some of them together.  But I want to clarify a misconception that the government was not responsive to the call of the people to visit their villages when we held the latest consultations in January.  Those consultations were planned well in advance, the latest iteration of the policy was shared from early December. What basically happened is that the plans for the consultation that Saturday and Sunday were already in place long before, when all of a sudden a few letters started to come in to the Office of Indigenous People’s Affairs in Punta Gorda, saying, “We noh di cohn da PG.  We want unu come to Santa Elena.”  And clearly, it was not a situation that the government could have responded to in any kind of responsible approach because had, well, I don’t want to use the word capitulated, but had we said okay, we’ll go to Santa Elena, we would have met twenty busloads of people with placards that had been prepared for them, saying, “Remember, you have to come back to us for your vote.”  turning the entire situation completely political.”

Is the Mayan Community Properly Informed on Draft Land Policy?

The controversial, provisional document put forward by the Ministry of Indigenous People’s Affairs has been met with cold water by the wider Maya community with one alcalde openly trashing the draft land tenure policy.  With the Government of Belize on one side of the divisive issue and the Toledo Alcaldes Association/Maya Leaders Alliance on the other side, are the masses of residents in Toledo District properly informed of what’s taking place?  That’s what we asked Senior Counsel Andrew Marshalleck earlier today.

 

                    Andrew Marshalleck

Andrew Marshalleck SC, Attorney-at-law

“I see certain Mayan villages claiming interest to land that third parties and other Mayan villages and other Belizean villages also claim interest to that space and I see everybody looking to the government to find a solution to that problem.  I don’t see it as a race for popularity as between MLA and TAA and the government.  The government must act responsibly and has a responsibility to each and every one of those persons who will be affected, including the Maya people, and they have been.  There are, as I have repeatedly said, we acknowledge that there is a historical moral imperative to correct certain wrongs, to try to correct certain wrongs done to the Maya people.  That is so, we accept that, but in correcting those wrongs, we can’t create another one.  There are other interests in that space and everybody has to be considered fairly.  The history is one thing, yes, but what exists today on the ground is what we must look to and try to resolve. Now it’s fundamentally untrue to say you’re being confined to one kilometer.  First off, and you will recognize this right away, a one kilometer radius means the actual diameter is two kilometers, it’s not one.  So from outer boundary to outer boundary is two kilometers.  From the center to the outer boundary is one.  What has been described is a radius, so when you hear language like that, that I am being confined to one kilometer, corralling the Maya people like hogs and all of that, that’s designed to inflame.  It’s not designed to paint the correct picture of what it is… well this is why I am trying to address it, but I am trying to address it in fairly neutral terms because I don’t want to engage in any inflammatory back and forth on it.  So, first off, recognize that what has been stated is a radius, it’s not the diameter.  The diameter is actually two times the radius.”

No Case Submission Refused in Oscar Selgado Trial

Attorney Oscar Selgado was back in court today to hear Justice Nigel Pilgrim’s verdict on a no case submission by his attorney Adolph Lucas. Selgado and his attorney did not receive the news they hoped for, as Justice Pilgrim wasted no time in handing down his ruling. The no case submission was denied by the High Court. Following the verdict, Selgado took to the witness stand to testify. He was then cross examined by the Director of Public Prosecution. News Five Paul Lopez was present in court. He tells us how it all played out.

 

Paul Lopez, Reporting

Attorney Oscar Selgado returned to the High Court this morning for a verdict on a no case submission by his attorney, Adolph Lucas. Selgado’s trial for abetment to commit murder has been ongoing since October 2023, before Justice Nigel Pilgrim. The matter, which is nearing conclusion, has seen both the defense and the crown close their arguments. In response to a no case submission filed at the end of the last hearing, this morning Justice Pilgrim ruled that the application to withdraw the charge against Selgado is refused by the court.

 

Justice Pilgrim considered the primary evidence established in this trial, those being seven recorded phone conversations purportedly between Giovanni Ramirez and Selgado. Ramirez is the individual Selgado allegedly contracted to kill Marlyn Barnes, a woman who filed a complaint against him before the General Legal Council. In his ruling, Justice Pilgrim also considered the testimonies of Commissioner of Police Chester Williams and former Inspector of Police Wilfredo Ferrufino. Both men testified that they are familiar with Selgado and that police received those phone recordings with Selgado from Ramirez. As we have reported, those recordings would later go missing.

 

                          Oscar Selgado

Following the ruling, Selgado was given three options, remain silent, make a statement from the dock, or provide a testimony from the witness stand. Selgado opted to speak from the witness stand.  The fifty-four-year-old attorney initially refuted claims by the Commissioner of Police that they made contact with each other twenty-three years ago when Selgado was a Belize Defense Force soldier. Selgado further argued that when Williams became the commanding officer at Eastern Division, he had no reason to contact him. As for the phone recordings that were placed on two disks by Ferrufino and handed over to the court before going missing, Selgado says he was never provided any copies of those disks during his disclosure hearing. Selgado maintained his innocence and his argument that he does not know Giovanni Ramirez, nor did he contract Martinez to murder Marlyn Barnes, as is alleged.

 

During the Crown’s cross examination of Selgado, he referred to the charges as fabricated and further denied receiving the recordings during disclosure. Selgado also told the court that he has been very distressed by these proceedings and barely maintaining his sanity. At the close of her cross examination, Director of Public Prosecution Cheryl-Lyn Vidal suggested to Selgado that his emotional burden is being cause by his guilt in this matter. He contended that he is not guilty. The DPP responded saying, quote, “off all the untruths you have told from the witness stand, that is the biggest”, unquote. Selgado disagreed.

 

Reporter

“It is a win for you that the judge did not throw out the case

 

                            Cheryl-Lyn Vidal

Cheryl-Lyn Vidal, DPP

“We don’t speak in those terms”

 

Reporter

“Even a small win?”

 

Cheryl-Lyn Vidal, DPP

“We don’t use those word.”

 

Reporter

“But it is encouraging that the judge did not throw out the case today?”

 

Cheryl-Lyn Vidal, DPP

“We did not think that the judge was in danger of being thrown out to use your words?”

 

Reporter

“What follows now in the case?”

 

Cheryl-Lyn Vidal, DPP

“Addresses.”

 

Reporter

“How much longer will the case go on?”

 

Cheryl-Lyn Vidal, DPP

“We return on the thirteenth and we will complete our addresses on that day and then the judge will set a date for him to give his verdict on that matter.”

 

Reporter

“You said of all the untruths you said from the witness stand this was your biggest.”

 

Cheryl-Lyn Vidal, DPP

Yes, you quoted me correctly, what is your question

 

Reporter

No I was just trying to get clarity on exactly what you said.

 

Cheryl-Lyn Vidal, DPP

“Yes.”

 

Reporting for News Five, I am Paul Lopez.

Orange Walk Father Dies in Wednesday Morning RTA

A resident of Orange Walk Town lost his life in a road traffic accident this morning. Reports are that forty-year-old Carlos Vargas lost control of his red Honda Accord while driving on the Blue Creek Road this morning. Vargas sustained multiple injuries to his lower body and head as a result of the collision. His vehicle also received extensive damage to its front portion. He was pronounced dead upon arrival at the Northern Regional Hospital. Vargas was a father and husband. Police are investigating.

ComPol Williams Press Charges against Brother For Alleged Cyber Bullying

Commissioner of Police, Chester Williams, has pressed charges against his brother, Arthur Williams, for alleged cyber bullying. This morning, Arthur Williams was escorted to the Belize City Magistrates Court in handcuffs. He appeared unbothered as he raised his shackled arms for the camera. Williams was unrepresented in court where he was read three charges, two counts of using a computer system to disseminate false information with the intent to cause another person to be subjected to public ridicule or embarrassment, and one count of using a computer system to intimidate a person under the Cybercrime Act. Williams pleaded not guilty to all three charges.  The charges stem from several slanderous posts on Facebook that were created on January seventh. It is alleged that Arthur Williams is the individual behind those posts about his own brother, Commissioner of Police, Chester Williams.    He was offered bail in the sum of ten thousand dollars, plus one surety of the same amount. He met bail and was released from police custody. The matter was adjourned to March twenty-seventh. Williams says he intends to get an attorney to represent him in court at the next hearing.

Shane Bennett Gets Life in Prison for Murder

In January 2020, thirty-six-year-old Anthony Parks was gunned downed in Independence Village, he succumbed to his injuries eleven days later.  But when his suspected killer was convicted of murder in April 2022, Shane Bennett escaped from lawful custody and fled to Punta Gorda where he was recaptured shortly thereafter.  Tonight, Bennett is serving a life sentence without the possibility of parole until after he has completed a minimum of twenty-five years in prison.  Bennett has been on remand at the Belize Central Prison for the past three years and that’s the only time that will be deducted from his lengthy prison stay.  That’s the judgment of High Court Justice Antoinette Moore earlier today.

 Investigation Still Ongoing on Belize City Meningitis Case

At the end of January a child attending Holy Redeemer Primary School began exhibiting signs and symptoms of meningitis. The Ministry of Education took precautionary steps to protect the remainder of the students at the school. The child remains hospitalized in the Intensive Care Unit at the K.H.M.H. and today, the Minister of Health and Wellness, Kevin Bernard told reporters that the matter is still under investigation.

 

                           Kevin Bernard

Kevin Bernard, Minister of Health & Wellness

“From what I understood from the report I got was that the child was being monitored. The last report I got from the CEO at KHMH, because the child was in the ICU, but was not in the ICU under any equipment or anything, but was just being monitored. I understand that at the time, the child was responsive on all of these things. I haven’t gotten a recent update, to be honest with you, so I don’t want to speak out of turn. In fact, I am here today and that’s one of the reasons why I’m here today because I’ll be meeting as well with the Central Health Region and with the CEO of KHMH so we can get an update on terms of what are the things that are happening with current occurrences.”

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