Category: Law
What is the Future of Cruise Tourism in Belize?
In a pivotal decision on Wednesday, the High Court of Belize delivered a verdict that’s set to impact the future of cruise tourism in the country. Michael Feinstein had taken the Government of Belize to court, arguing that their plan to forcibly acquire twenty-three acres of Stake Bank Island infringed on his constitutional rights. After a four-month legal battle, Justice Rajiv Goonetilleke ruled that the government’s intention to acquire Stake Bank Island does not violate the constitution. As a result, the High Court dismissed Feinstein’s case, giving the Briceno administration the green light to seize the land for public use. Tonight, News Five’s Paul Lopez dives deep into the twists and turns of this case and how we arrived at this critical juncture. Here’s the full report.
On Wednesday, the High Court of Belize made a significant ruling in the case brought by Michael Feinstein against the Government of Belize. Feinstein challenged the government’s plan to forcibly acquire twenty-three acres of Stake Bank Island, claiming it was unconstitutional. However, the court found that the government’s actions did not violate any constitutional provisions. The Briceno administration had announced its intent to acquire the land back in August 2024, and now, with the court’s decision, they have the green light to proceed. This ruling marks a pivotal moment in the ongoing saga of cruise tourism development in Belize.
Prime Minister John Briceño (File: Aug 28, 2024)
“As you all know this, there’s a legislation that was passed by the UDP whereby we deemed this project of national importance. And now that it seems that between the different investors, they have been having issues. That project has been at a standstill. We have, I think, approximately two hundred and seventy million dollars. But because there is a dispute with the land, that project cannot be finished. And if you look at the numbers for the cruise lines, they’re going down, we need to be able to finish that project. We believe that as a government, what we did is first to put the first notice of acquisition. What does that trigger? It triggers then the owner to come to the government and to say okay, this is my land, and they negotiate a price.”
The Feinstein Group didn’t hold back in voicing their objections to GOB’s plans. They accused the government of siding with the OPSA Group, a Honduran company financing the project, which later got entangled in a legal dispute with Feinstein. The Feinstein Group also claimed that the Government of Belize couldn’t prove that the land acquisition was in the public’s best interest. As a result, the acquisition has been put on hold.
Godfrey Smith, Attorney-At-Law (File: Oct 17th, 2024)
“The end goal is vindication that the twenty-three point three acres standing in his name which was issued to him by the ministry of natural resources, he validly holds title to it, and it is lawfully his.”
The Briceño administration presented the compulsory acquisition to the public as an attempt to resurrect the cash strapped multi-million-dollar tourism project, to save Belize’s cruise tourism industry. Just days before the High Court’s preliminary hearing, Prime Minister John Briceño dropped a bombshell on “Open Your Eyes.” He revealed that Mediterranean Shipping Company, one of the giants in the cruise and shipping industry, was keen on taking over the project. This announcement added a new twist to the unfolding drama.
“They’re saying, “Well, now, we’d be interested, but we don’t want to get into this mess. The only way we’d be interested is if this mess is settled, and we buy over then.” So that the only way we can do that is by compulsorily acquiring land.”
Godfrey Smith, Attorney-At-Law (File: Oct 17th, 2024)
“That is why we are in court, because the instruction from our client is that he does not believe it is for a legitimate public purpose and a number of other grounds. His position is he intends to challenge that. Within the land being vested to the government it cannot be transferred to MSC or OPSA or Stake Bank or anybody else.”
Prime Minister John Briceño (File: Jan 22, 2025)
“I believe that by the end of the next government we should have a cruise port and a modern container.”
“So does that mean Stake Bank is dead. It makes no sense to have two mega cruise port in the Belize District within miles of each other.”
Prime Minister John Briceño
“We all knew that Stake Bank was short to medium term investment.”
Earlier this week, that latest statement by PM Briceño received heavy criticism from Michael Peyrefitte, the Chairman of the UDP.
Michael Peyrefitte, Chairman, U.D.P.
“Sometimes I don’t think he appreciates that he is the head of government for a sovereign nation. By saying this is temporary, what has he done? He has essentially killed that project with his words, because how do you go to cruise lines and say come somewhere that is only temporary.”
Interestingly, on January fourteenth, during an appearance on “Open Your Eyes,” Tourism Minister Anthony Mahler was asked which port project in Belize he thought was the most feasible and practical to complete. He threw his support behind Stake Bank. Mahler also suggested that both Stake Bank and the Port of Belize Limited could coexist harmoniously in the same area.
Anthony Mahler, Minister of Tourism
“That would be Stake Bank if you have to look at it honestly, because that is nearer to be completed. We are working on a master plan for Port of Belize which should be completed in March. But that has two components to it, cargo and cruise and they can work together. It is done all over the world. People who want to push their own agenda would say no, but they can work together.”
Belizean investor Michael Ashcroft, who owned the Port of Belize Limited, has weighed in on the Stake Bank situation. He expressed his doubts about the government’s true intentions for the island, adding another layer of intrigue to this developing story.
Michael Ashcroft, Investor
“On something like Stake Bank, what is the plan? What do they need Stake Bank for? Is it a temporary measure? Is it a permanent measure? Until they sort that out, nobody knows what is going to happen on that. Nobody knows if there is a secret agreement or arrangement. But at this point everything appears to be flat.”
Reporting for News Five, I am Paul Lopez
The Feinstein Group Intend to Appeal High Court Ruling
The Feinstein Group is set to appeal the High Court’s decision on the government’s compulsory acquisition of land on Stake Bank. They see this ruling as just a temporary setback and are confident they’ll win the appeal. In their release, they stated, “as a Belizean company that has invested in Stake Bank for the past twenty years, we knew taking on the combined forces of the Government of Belize, Atlantic Bank Limited, and the Honduran bankers would be a long and tough battle. But we won’t give up the fight for justice, fair play, and what rightfully belongs to us as a Belizean company”. The Feinstein Group believes compulsory acquisition is unconstitutional and not for a genuine public purpose. They’ve instructed their attorneys to immediately file an appeal. The release ends with a strong message that the Feinstein Group will use all resources at its disposal to, “defend itself and expose the wrongdoing of the government, wherever it may lead”.
Lee Mark Chang Threatens to Sue Shyne for Alleged Defamation
Mesopotamia standard bearer Lee Mark Chang is gearing up to sue Opposition Leader Moses “Shyne” Barrow for a hefty sum of between thirty thousand to fifty thousand dollars. This lawsuit stems from allegations Barrow made during a Tuesday press conference, which Chang claims were deliberately defamatory. These statements were broadcast across multiple media platforms, and Chang’s legal team, Balderamos Arthurs LLP, insists they are false and damaging to his reputation. Chang, who is Barrow’s direct rival in the upcoming general election, believes the statements were made to sabotage his political ambitions. The legal team’s letter demands an apology from Barrow, stating, “You are hereby advised to promptly and immediately publish an apology to our client, in terms to be agreed by our office. The said publication is to be given the same publicity as the defamatory statements you published”. Additionally, the letter demands a payment of five thousand dollars to be delivered to the legal team’s office, warning that this amount will increase if the matter goes to court.
Thomas Bardalez Walks Again
A man facing an attempted murder charge has walked free for the second time. On Monday, twenty-six-year-old Leroy Thomas Bardalez, well-known to the police and courts, was released after the Crown stated there wasn’t enough evidence against him. Bardalez was accused of attempting to murder nineteen-year-old Melroy Pelayo, who was shot and injured on March eighth, 2019, while walking with friends during a power outage on Rio Bravo Crescent off Faber’s Road. Justice Candace Nanton told Bardalez he was free to go as the Crown was dropping the case. Bardalez was initially arraigned at the Belize City Magistrate’s Court on March twelfth, 2019, and remanded on three criminal offenses, including attempted murder. In November 2024, Bardalez also walked free from murder charges. According to police, Pelayo was shot in the leg by one of two youths on bicycles. This led to Bardalez’s arrest and charges of attempted murder, use of deadly means of harm, and wounding. Police believed the shooting stemmed from a dispute in the Faber’s Road area. On November twelfth, 2024, Bardalez was acquitted of the murder of Ricky Nelson Miguel, who was shot and killed on September seventh, 2020, on Faber’s Road. The case fell apart because one of the Crown’s witnesses refused to testify, and the other couldn’t be found.
Ryan McCulloch Walks from Attempted Murder Charge
Another man has walked free after his case collapsed in the High Court. Nearly two years after being charged with attempted murder of a man and a minor, twenty-three-year-old Ryan McCulloch is now a free man. The victims, Harrison Parks and his then-sixteen-year-old cousin, refused to testify against their alleged shooter in front of Justice Derick Sylvester. The trial was set to begin on Tuesday, but the Crown’s efforts to get the victims to testify, including four visits, were unsuccessful. As a result, the prosecutor had to enter a nolle prosequi, dropping the two counts of attempted murder against McCulloch. The shooting incident occurred on Valentine’s Day, February fourteen, 2023, at the corner of Edwin Parks Avenue and Billy Webb Street in the Lords Bank area. Parks was shot in the right thigh, and his cousin was shot in the abdomen. Around 8:30 PM, Parks, the intended target, was walking on Edwin Parks Avenue when a grey car drove by, and an occupant opened fire. The motive for the shooting remains unknown. Police reported that Parks refused to cooperate with their investigation, and his cousin stated she couldn’t recognize the shooter and wouldn’t be able to identify him again. McCulloch, who lived in the Lords Bank area at the time, now resides in Cayo.
High Court Opens for 2025 Criminal Calendar Session
As per tradition, the ceremony marking the High Court’s official opening kicked off with a church service. This year, it was held at the Holy Redeemer Cathedral on the Northside of the Swing Bridge. In attendance were the Governor-General, Dame Froyla T’Zalam; Prime Minister John Briceño; Leader of the Opposition, Moses “Shyne” Barrow; members of the Judiciary, the Bar Association, and the Attorney General. Upon arrival in front of the court buildings and amidst a persistent drizzle, Chief Justice Louise Blenman inspected a guard of honour, conducted by members of the Belize Police Department. Just like the rain did not let up, neither did the plan to abort through with the parade, as the Chief Justice and everyone who was a part of the ceremony pressed on—the CJ under the shelter of an umbrella. Chief Justice Blenman said that the 2024 calendar was successful in reducing the backlog of cases through a number of improvements within the judicial system. One was the opening of a High Court in Belmopan and the appointment of more judges and expediting court rulings. There’s also been the introduction of criminal mediation, which has further reduced the backlog. These efforts have resulted in the waiting time for people on trial.
Louise Blenman, Chief Justice of Belize
“Three major reforms impacted the High Court: the resuscitation of the mediation committee, which was expanded into the alternative dispute resolution committee; training of a new cohort of court-connected mediators; and the implementation of the senior civil procedure rules 2025. We no longer have cases as old as fourteen years on the dockets. In just one year, the judges have been able to reduce the backlog of cases largely from fourteen years to four years. A comparative analysis of 2023 and 2024 statistics provided by the prison further reveals that persons are no longer spending an inordinate amount of time on remand prior to their matter being sent down for trial.”
Louise Blenman
”With the support from PACE Justice Program, we are hoping to have a consultant with the requisite expertise in court administration assist us in finalizing our in house developed court administration plan. It cannot be overstated. hat any modern judiciary requires a court administrator to manage non-law aspects of our courts effectively and efficiently.”
Louise Blenman
“We will explore the possibility of having our registry completely digitalized, including the probe division. We are hoping to ethically explore the use of artificial intelligence system software to deal with non-contentious aspects of the court’s work. This should alleviate some of the human resource challenges that we face.”
Louise Blenman
“The listing of cases for hearing in the Court of Appeal seriously impeded by the lack of availability of high court trial transcripts. An unfortunate consequence of the lack of trial transcripts is that relatively few appeals are ready to be listed for hearing. As a corollary, the dispensation of justice is ingloriously stemmed at the level of the appellate court. The situation is untenable and is caused to a large extent by the difficulties with the recording technology that was used in the high courts over the years and also the paucity of stenographer trainees to produce the transcripts.”
President of the Bar Association, William Lindo, commended the judiciary for the achievements over the past year.
William Lindo, President, Bar Association of Belize
”We applaud the judiciary under the able stewardship of Her Ladyship, the Chief Justice, for the remarkable achievements accomplished over the past year, which include of the long awaited Senior Court Civil Procedure Rules, which brings with it a raft of practice directions and sentencing guidelines, court connected criminal mediation rules, judicial settlement conferences, numerous training sessions and conferences, Under the auspices of the Judicial Education Institute of the Senior Courts of Belize, with training and sensitization for the new Senior Court Civil Procedure Rules, scheduled to take place this Thursday.”
The Attorney General, Anthony Sylvestre, spoke of the various bills that are designed to improve the delivery of justice. He spoke about the new Bail Act that will be introduced shortly.
Anthony Sylvestre, Attorney General
“ Currently, the provisions that govern bail are found in six pieces of legislation. Having so many different pieces of legislation that governs the same issue is therefore counterproductive, as it may become difficult to discern how the law operates. Having a single piece of legislation on bail therefore improves, improves unity and cohesion and makes the law easier to understand. In addition to centralizing the provisions relating to bail, this new act will introduce some much-needed features in bail proceedings, some of which includes an appeals process against a decision refusing bail, a process that allows for the revision of a decision on bail. The requirement that the decision, the deciding official shall provide reasons in considering a bail application, and a comprehensive list of factors that a deciding official shall consider when determining a bail applications.”
CJ Blenman took time to pay gratitude to the Ministry of Infrastructure Development and Housing for the newly refurbished court buildings, with new amenities and furniture. Marion Ali for News Five.
Owner of Thelma’s Kitchen Escapes Prison on Gun, Drugs Charge
Sixty-one-year-old Telesfora Arana, better known as Miss Thelma, is famous across Belize City for her delicious Belizean dishes. But today, she narrowly avoided a prison sentence after being arrested and charged with firearm and drug offenses. Miss Thelma and her common-law husband, fifty-year-old Curtis Rhaburn, were charged with keeping an unlicensed firearm and ammunition, as well as possession of marijuana found at their home on the corner of Kraal and Caesar Ridge Road. The bust happened around 8:40 PM on Tuesday night. In court, Rhaburn admitted to borrowing the loaded weapon because he’s a farmer and expressed regret for his poor decision. This morning, the couple was escorted to the Belize City Magistrate’s Court. Rhaburn pleaded guilty, while Ms. Thelma pleaded not guilty. Rhaburn’s character witness, Brenton Lopez, a Customs Examiner, spoke highly of him, describing him as a hardworking family man and a decent person. Their attorney, Orson Elrington, urged the court to consider Rhaburn’s remorse, his guilty plea, and the fact that this was his first offense. However, the Magistrate emphasized the seriousness of the offense and couldn’t impose a non-custodial sentence. Rhaburn was fined $1,200 for possessing over 100 grams of marijuana, which he must pay by March or face an additional four months in prison. A verbal appeal has already been filed on Rhaburn’s behalf, and Elrington hopes he can be released on bail while awaiting the appeal hearing. Elrington spoke with News Five following the court proceedings.
Orson “OJ” Elrington, Attorney- at- Law
“ The magistrate, after – there were two accused, Ms. Thelma and her common law, Mr. Rhayburn, Mr. Rhyburn has conceded and accepted that the items found were his items, and so he pleaded guilty, um, as a result, Ms. Thelma was freed of all charges against her, however, the court, in considering its sentence,made the decision that it could not fall within the provision of the law when it comes to firearms and ammunition So the firearm and ammunition act says that once you’re convicted of it that it carries a mandatory custodial sentence So when there’s a provisional that if it is that you do not have a previous offense conviction that you can Get a non-custodial sentence Our position was and is that, um, the previous offense did not fall underneath the firearm up, and therefore, he does not have a previous conviction. However, the magistrate in coming to his decision ruled that he believes that the, any conviction, and therefore he did not have the discretion to give him a non-custodial sentence. But the magistrate did in making his considerations and mitigating factors reduce what he thought to be the mandatory five-year sentence to reduce it all the way down to one.”
“Dr. Sutherland” Thanks ComPol, “Chester, I Love You”
On Friday, we reported that Harry Sutherland, also known as Doctor Sutherland, was charged by police for riding his bicycle with a five-gallon bottle of water on the handle. At the time, Sutherland was carrying the water for an elderly woman in the area. The charge alleged that he was unable to fully control his bike due to the way he carried the bottle. This sparked public outrage, with many people finding the charge unreasonable. Shortly after the story broke, Commissioner of Police Chester Williams took to Facebook to call the charge unusual and announced that he had ordered it to be withdrawn. Today, we heard from both ComPol Williams and Sutherland.
Chester Williams, Commissioner of Police
“The issue with Harrison Sutherland is one that outrages the public. While I can say categorically that I do not act on public outrage, but I act on what is reasonable and just. While there is a law that says you are not supposed to carry load on a bicycle that disallows you from properly maneuvering the bicycle, that law does not contemplate a five-gallon bottle of water, or grocery bags you go to the grocery store and buy and have to come riding on your bicycle with those items on your bike. Even in the absence of the good gesture that Mr. Sutherland was performing, to arrest a person for carrying a five gallon on a bicycle is not reasonable. The law itself, as I said to my commanders this morning, would deal with those persons you see carry a fridge, a chest of draw, maybe lumbers, large piece of lumbers extending out and impeding traffic.”
Harry Sutherland, Belize City Resident
“I will shake my hand and scratch it for Mr. Chester, using his discretion against that officer that held that charge against me. That is why Mr. Chester I love you and respect you for what you did and said about me. I could understand if I was doing something wrong or whatever. I would accept all my charges against me. But to assist with something, come on Mr. Chester. That is why I love how you use your discretion against that officer towards me.”
Paul Lopez
“So you were detained, place behind a cell, dragged before a magistrate, do you feel like you deserve more than just an apology and the charge dropped?”
Harry Sutherland
“Further discretion, I will leave that to Mr. Chester conversation, let Mr. Chester think bout that.”
Remanded for Allegedly Assaulting Couple with License Firearm
Forty-year-old Tyron Lee Humes is now behind bars at the Belize Central Prison, facing charges of aggravated assault with a licensed firearm. The incident allegedly took place just after midnight on Sunday at the Princess Hotel & Casino. According to initial investigations, fifty-seven-year-old Edwin Bowen and his girlfriend, thirty-five-year-old Rachel Wallace, were leaving the casino and heading to Bowen’s vehicle when they spotted two men rummaging through it. When Bowen and Wallace approached, one of the men reportedly pulled out a firearm and pointed it at them. Bowen, fearing for his life, backed off and called the police. That’s when Humes allegedly advanced towards Bowen, punched him in the forehead, and caused his Motorola cell phone to fall and break. In court, Humes pleaded not guilty. Due to the serious nature of the charges, he was denied bail and remanded to the Belize Central Prison until February twenty-eighth. Today, Commissioner of Police Chester Williams was asked if there would be recommendations to revoke Humes’ gun license.
Chester Williams, Commissioner of Police
“Certainly we are going to make recommendations to the board like we have done in many cases where persons with licenses misuse their firearm, to have the person’s license revoked.”