The Commissioner of Police, Chester Williams, publicly supported the abolition of the death penalty in Belize. In an interview, Williams said, “The truth is, as much as many may not believe, I am opposed to the death penalty. I don’t believe in it. That’s my personal opinion.”
Williams cited the Pratt and Morgan case in Jamaica, noting that prolonged legal appeals make executions “cruel and inhumane” after five years. He stated, “I don’t foresee Belize executing death sentences, as legal appeals would surpass the five-year mark.”
Despite his personal opposition to the death penalty, Williams said that the final decision rests with parliamentarians. “My opinion is I don’t believe in it, and it’s a matter for Parliament to decide if they want to take it off,” he said.
His endorsement aligns with arguments from Senior Counsel Godfrey Smith and British attorney Parvais Jabbar, who noted that there have been no executions in 40 years and no death sentences in the past 20 years.
In June 2023, the People’s Constitution Commission introduced volume one of a summary of the Belize Constitution. On Saturday, the P.C.C launched the second volume of the summary. Authored by accomplished attorney Richard ‘Dickie’ Bradley, both documents are designed to be user-friendly to offer teachers a tool in the classroom to educate students on the Constitution. The event took place in Punta Gorda during an expo held by the Toledo branch of the Belize National Teachers’ Union. News Five’s Marion Ali was there and filed this report.
Marion Ali, Reporting
Thirteen months after the launch of volume one of a summary of the Belize Constitution, the second volume is complete. The summary makes available a more concise and easy-to-read version of Belize’s Constitution. Chairman of the People’s Constitution Commission, Anthony Chanona says that volume two includes the functions of three key components of Belize’s democracy.
Anthony Chanona
Anthony Chanona, Chairman, People’s Constitution Commission
“What you will see in Volume Two, Marion is the three functions of the government, the constitutional government that we have in our country: the executive and it explains how that is formed. You will see the legislature; it explains how that is formed. And then you see the check and balance of the judiciary, which checks the laws coming out from the legislature. So it also then leads into how these institutions are financed because ultimately the legislature The executive would make policies for expenditure, the legislature enacts laws but the public purse must afford them, so that’s what you will see in Volume Two.”
The summaries capture the entire constitution, without much detail. And, judging by one example that Chanona shared of an experience with his own granddaughter, the books are having an impact within the school system.
Anthony Chanona
“My youngest grandchild, Madison, called me one night to ask me a question about the Prime Minister and the Cabinet. And I listened to my granddaughter at nine asking me questions. And of course, Grandpa is supposed to know, on how we’re governed. And when I was finished with that phone call, I was not only proud of the teacher who gave this assignment to a nine-year-old primary schooler, but I was thankful to Dickie Bradley and to his efforts because it was telling me, by that phone call, that these books are now in the school system.”
Shantel Ramirez, a standard six teacher at Saint Peter Claver Primary School, says her students gravitated to Volume One, so much so that it created lively discussion among them about Belize’s constitution.
Shantel Ramirez
Shantel Ramirez, Teacher, St. Peter Claver Primary School, PG
“They were really excited about it and so when we started off we introduced the preamble and that really triggered the students into talking about their rights, what they think should happen and how they feel some of their rights had been violated although they have their children’s rights and we have – these are more for adults, but they have a better understanding of what their rights are as Belizean citizens. Understanding the Constitution a lot better than having this huge bulk of information with these huge words that they barely could understand.”
Now that both volumes have been disseminated, Chanona says the Commission will be encouraging teachers to introduce the second summary.
Anthony Chanona
“We will be visiting the schools in Orange Walk, issuing to the BNTU Volume Two to make it part of the outreach of distributing the book. We just don’t want to deliver them; we want to be able to explain what this same conversation is to the teachers across the country, but the distribution will be through the BNTU.”
We also reached out to the Belize Chamber of Commerce and Industry for its position on the Anti-Sexual Harassment Bill. Just before news time B.C.C.I. sent a statement saying that it has reviewed and engaged its membership on the proposed bill. B.C.C.I. says it supports the bill’s objective of addressing sexual harassment in the workplace. The private sector organization noted that the bill provides clear guidelines for employers to handle cases of sexual harassment and provides a valuable policy framework for adoption, adding that it will benefit businesses and safeguard workers from harassment. On the other hand, B.C.C.I. says it has identified specific procedural aspects it believes can benefit from some revisions to strengthen protections for employees and employers. B.C.C.I. concluded the statement saying that it appreciates the National Assembly’s invitation for feedback on this legislation and that it will be submitting detailed suggestions through the appropriate channels.
Proponents of the death penalty argue that capital punishment is a deterrent to murders. But attorneys who oppose the death penalty argue that a return to the death penalty is a step backward. Senior Counsel, Godfrey Smith and Co-Executive Director of the Death Penalty Project, Parvais Jabbar, both provided pro bono advice and representation to Jared Ranguy. In March, he pleaded guilty to the 2011 murder of his mother, sister and stepfather in Ladyville. Two weeks ago, Ranguy was given three life sentences. Jabbar and Smith spoke today with Belizean journalists on their common perspective on the topic and News Five’s Marion Ali filed this report.
Marion Ali, Reporting
It remains on Belize’s law books as the maximum possible punishment that may be imposed when someone is convicted of murder, but it has never been applied since June nineteenth, 1985, when Kent Bowers was executed. That was forty years ago. And the last time it was handed down as a sentence was over twenty years ago. Seasoned attorneys Godfrey Smith and Parvais Jabbar want the death penalty removed from Belizean lawbooks because they staunchly believe that no one who has committed a murder is deemed irredeemable. Jabbar points to the Jared Ranguy case, summed up only two weeks ago with three lifetime sentences for three family members.
Parvais Jabbar
Parvais Jabbar, Co-Executive Director, Death Penalty Project
“What the decision on sentencing in Ranggai does, it follows a very long line of jurisprudence, which is established, as you say, that death penalty is reserved for the worst of the worst, or somebody who is beyond reformation. It doesn’t say that person shouldn’t be punished. It doesn’t say, they’re not saying, for example, in this case, we are not applying the death penalty because we don’t want to. It’s a personal opinion. It’s a political opinion. They’re saying death penalty is not appropriate.”
Godfrey Smith
Godfrey Smith, Senior Counsel
“People seem mistakenly, in our view, to think that it could be, to be any kind of deterrent. It would have to be imposed on a large scale of offenders in a very swift fashion. Which it can’t be because it’s reserved for the worst of the worst and the rarest of the rare. And, forty years it hasn’t.”
Smith and Jabbar share the view that policymakers ought to be focusing more on improving the justice system and the factors that drive crime and murders.
Godfrey Smith
“Those who think about policy and think about policy to drive change, what should be thought about is not the death penalty at all, but how we can effectively improve policing, the criminal justice system, and the socioeconomic conditions that are conducive to and lead to criminality.”
Jabbar also points to the inefficacy of the death penalty on the lawbooks as it relates to controlling the conviction rate. He and Smith also point out that there are irreversible errors that are made when state sanctioned executions occur. And where Belize is at on the global map on this topic, Jabbar says that two thirds of countries around the world have abolished the death penalty from their laws. Belize remains among the minority that still have it enshrined as law.
Parvais Jabbar
“There are one hundred and twenty-six countries that are totally have abolished the death penalty for all crimes or ordinary crimes. There are another forty countries which are considered A.D.F. So Belize comes in that category. And then you’re looking at thirty-five, thirty-six countries left that actually execute. If you look at the global picture, and if you compare it to, say, fifty years ago, it was the other way around. It was seventy-five with the death penalty, twenty-five without.”
Smith believes that the conversation in Belize should begin now on removing the piece of law that is never applied anymore in Belize’s courtrooms.
Godfrey Smith
“Each time there appears to be a rise in crime or is a rise in crime. Some people reach for a return to executions, and we think that this. Session that we’re having right now with media hosts is an important start to the conversation and should lead to deeper conversations and deeper reflections, especially by those in government to consider which direction it wishes to go.”
August first is formally recognized as Emancipation Day in Belize. The date commemorates the abolition of slavery in 1838, remembering the hardships of the nation’s African ancestors who fought for their freedom. As the day draws nearer, Belizeans are encouraged to participate in ceremonies honoring those ancestors and learn more about the impact of slavery on the country. In tonight’s episode of Kolcha Tuesday, News Five’s Britney Gordon looks at Emancipation Day through a historic lens. Here’s that report.
Britney Gordon, Reporting
The beating of drums can be used to express many different emotions. In some instances, it is festive, as people dance and celebrate. On August first, however, the sound will act as a reminder to Belizeans of their African ancestors who were kidnapped from their homes. The drums are the heartbeat of their free descendants. The drums are also a tribute to lives lost and the ones that were set free. Rolando Cocom, Director of the Institute for Social and Cultural Research, spoke with us about the foundations of emancipation in the region.
Rolando Cocom
Rolando Cocom, Director, Social and Cultural Research, NICH
“When we were thinking about this period there are several things that occur and there are several key steps that gets us to emancipation, including of course, the acts. And the actions of the enslaved people themselves who resisted being enslaved they did this through various ways. The most popular and known as revolts, meaning physically taking arms and saying, we must free ourselves, we must live on our own accords and so on. But also in other passive ways which means, doing less work than you’re, you need to do in order to not be abused on a daily basis.”
It is estimated that over two to three thousand Africans were enslaved in Belize to work principally in the extraction of logwood. Cocom explains that there is a misconception that slavery was not as severe in Belize, however records indicate that Africans were fleeing the settlement to gain freedom in Mexico and West Guatemala. YaYa Marin-Coleman, a community organizer dedicated to the empowerment of African communities, told us that the Atlantic slave trade was an interruption of the African story and stressed the importance of acknowledging how that interruption is still impacting people in today.
YaYa Marin-Coleman
YaYa Marin-Coleman, community organizer
“Now, we are in different world view. Most of the world view already used that 2024. They’re not for we worldview. They’re not indigenous people worldview. So you’re a fine way to call African descendants. So there’s a people of color, including indigenous people that we have more lack of solidarity because we oppression that is same before European people come with the extraction and natural resources, murdering with people for personal gain. Translations. Get massive wealth to make the first world country women are living in harmony with mama earth. We knew that you know, mama earth and all the other beings, the creatures in the water that we can put that we system, but that natural to we. So the interruption of that glorious history, our stories because his story, her story, our story. When our African ancestors, with the complicity of some of our people, but at that time our people had no idea what they were going to do as far as what happened to the people. They couldn’t see that. Just like when our people were enslaved, they couldn’t see themselves ever being free.”
Emancipation Day was formally recognized as a holiday in 2021, however, grassroot celebrations have been occurring in communities throughout the country for decades. Kim Vasquez, Director of the Institute of Creative Arts explains that a libation ceremony was one of the ways that Belizeans commemorated the occasion.
Kim Vasquez
Kim Vasquez, Director, Institute of Creative Arts
“So the libation is a ritual, It’s actually in both the Creole culture and the Garifuna culture. In the ceremony, it is incorporated because we try to incorporate cultural elements into the official ceremony. So the libation is a ritual in the Creole culture that basically calls out to the ancestors. It’s giving them thanks for their continued guidance. It’s asking them to continue guiding us. And also asking them to come and join us and be present there in spirit. in the ceremony as we call out their names. And there is a very profound moment in the ceremony where you are asked in silence to communicate with your own ancestors and to reflect and to commune with them. And while this is happening, of course, water is being poured symbolically. And that is like how the libation ceremony is done.”
The descendants of the enslaved Africans are still feeling the impacts of slavery to this day, with limited access to education, healthcare and opportunities. It is because of this that the call for reparations continues to be made by descendants.
YaYa Marin-Coleman
“So if you are in a position of power influence. More eyes upon you, more accountability, more transparency. And when you’re wrong, just say I’m wrong. I’ll work and do better. That’s just that. And that’s why it’s so important to frame it as African emancipation, African reparations, because other groups of people get reparations. And reparations is not primarily about finance. The biggest reparation is the repair of self.”
Emancipation Day is formally recognized one day of the year, but Belizeans are a living testament to that day and that freedom.
Rolando Cocom
“So we could think about emancipation on the day itself, but you could also think about the everyday experiences that expresses African emancipation. And you can think to think about this, for instance, in true language, Creole, da di language that we talk every day. And that itself is an expression of African resilience and African the spirit of freedom.”
As we mentioned, Guerra utilised the Plea Discussion and Agreement Act to negotiate with the prosecution for a lighter sentence. This case marks the first instance of a defendant employing this legislation to propose alternative sentences and charges. Guerra, with the assistance of his representative, Erin Quiros, initiated a novel plea deal under this act. We spoke with Quiros after the trial to learn more about the implications of this new legislation.
Erin Quiros
Erin Quiros, Attorney at Law
“So today was the hearing a hearing first of its kind. Actually, it was the hearing off a plea agreement that was entered into between the prosecution and the accused. This hearing was made possible because of an act that was recently passed in June of this year. The criminal procedure plea discussions and plea agreement act was passed. And that act really provides an opportunity. I think it’s a good opportunity for the prosecution and an accused person to enter into discussions in order to maybe suggest alternate sentences, alternate charges, reduced charges. So parties are able to enter into discussions prior to trial to assist accused. The passing of the act really has assisted him and we’re hoping it will continue to assist other accused persons. Not only that, the benefits are to the court as well. The court indicated during the hearing while giving its judgment that the act has provided circumstances where there will be an alleviation of the backlog of cases that are currently before the court, thankfully. And really there, it’s not in every circumstance that a charge that has a custodial sentence should, the accused should be incarcerated. So this passing of that has allowed that to happen in this particular instance and it could possibly open the door for other accused persons.”
Two equally tough issues to deal with are those of human trafficking and sex trafficking, and the U.S. has also been attempting to manage those problems with the help of countries in the region where these offences are prevalent. Jacobstein agreed that these are areas where much work remains to be done, but assured that the U.S. continues to collaborate closely with the Belizean Government to make positive strides to control them.
Eric Jacobstein
Eric Jacobstein, Dep. Asst. Sec., Western Hemisphere Affairs, U.S State Dept.
“Just yesterday I attended the CARSI-E.S.F. ceremony with Ambassador Kwan, in which new grants were provided to individuals, and I know that there’s been really great work done in the past by organizations that focus on human trafficking. So we’ll continue to provide targeted assistance to deal with these issues and work to provide technical assistance as necessary to support the Belizean Government because we know that the will is there and we’ll look forward to finding ways to continue to collaborate in this space.”
Marion Ali
“I think sex trafficking falls on the human trafficking and all the challenges that pose, in itself. We have. Or tourism destinations and people tell us that tourists visiting Belize ask for certain things that pose – add to these problems that we face, that we have currently. Is there anything that the U.S. is working on to assist Belize specifically to address these kinds of problems that we face as it relates to sex trafficking?”
Eric Jacobstein
“This is horrendous, obviously efforts by these predators to prey on individuals is something that we condemn across the board, and as I was saying, we work closely with the government. I just met with the C.E.O. of the ministry focused on human rights and we talked about the trafficking issues and we talked about, What we do together, but what we need more we need to do together. To collaborate in this space. Again, no specific announcements today, but we continue to do all we can to support the Belizean Government and really dealing with the scourge, not only in Belize but across the hemisphere.”
A man lies critically wounded in the Southern Regional Hospital after he was shot. Today, the police informed the media that Rayshawn Middleton was at a wake when he got into a fight with other persons who were tampering with his motorcycle. Middleton left the scene, and when he returned to get his motorcycle, he was shot. A.C.P. Hilberto Romero told the media that the information suggests that the suspect was trying to steal Middleton’s motorcycle.
“On Saturday, the 20th day of July 2024, police responded to a shooting incident at the Benguche area in Dangriga. Upon arrival, they found Rayshawn Middleton with gunshot injuries. He was taken for treatment and remains at the hospital in a critical condition. Information received that Middleton was in the area at a wake when he had an altercation with other persons. He then ran from the area and came back to check on his motorcycle, at which point he saw the other person tampering with his motorcycle. He intervened, at which point one of the persons pulled out a firearm and fired several shots towards his direction, causing his injuries. An investigation was carried out and we have since arrested and charged Norbert Smith for the crimes of attempt murder and use of deadly means of harm.”
Reporter
Did the victim know the suspect?
A.C.P. Hilberto Romero
“Yes, he knows the person.”
Reporter
“Was the suspect trying to steal the motorcycle?”
A.C.P. Hilberto Romero
“That is what it appears that he was taking the motorcycle.”
There has been a cybercrime legislation in place since October seventh, 2020. It covers a broad spectrum of offences and deals with any kind of electronic data that one transmits through a computer or electronic device, including cell phones. Cyberbullying, such as what call centre agent, Brian Perriott Junior is charged, is only one form of cybercrime. In this week’s edition of our Five Point Breakdown, we turned to an attorney to expound on not only cyberbullying, but cybercrime. Marion Ali reports.
Marion Ali, Reporting
You’ll remember Brian Perriott Junior, who was remanded on Friday after he pleaded guilty to intentionally sending another person nude pictures of an ex-girlfriend without her consent. It happened after the young woman ended a relationship with Perriott virtually in June. Three nights behind bars and hearing that he was looking at a five-year-sentence was enough for the twenty-six-year-old to change his mind, and his plea. When he appeared in court for what was to be his sentencing, he decided to plead not guilty. Perriott lawyered up and got bail on several conditions, including that he is not to engage in any publications on any social media platform regarding the case. There have been quite a few cyberbullying incidents in the recent past. At the end of June, images of a popular Belizean couple and several young women went viral. Before that, a woman, Jemine Thurton was charged in May with defrauding Celebrity Restaurant. The offenses are serious, but there are other less popular forms of cybercrime. Attorney, Audrey Matura defines what cybercrime is.
What is Cybercrime?
Audrey Matura
Audrey Matura, Attorney at Law
“The cybercrime legislation deals with any kind of electronic data that you transmit through a computer. And a computer doesn’t mean only a desktop. Even your phone is considered, for the purpose of the legislation, a technology that is within the realm of a computer. And so it involves people creating fake identities to be able to online. People using their device or computer, whatever, to fabricate false information, to steal your data, to steal your identity, even to lure minors into doing things that are not proper. It’s actually very wide. That is why it’s called cybercrime. It’s crimes that are committed using the technology. Crimes of theft, identity theft is a huge one; crimes of sexual solicitation, especially against minors.”
Penalties Range from Fines to Confinement
The penalties for cybercrimes vary from fines to imprisonment of up to ten years, depending on the types of offences committed, and they can be tried summarily by a magistrate or by a High Court judge. The list of cybercrimes is lengthy. For example, were you aware that if you gained access to a computer system or data without permission you are committing a cybercrime?
Audrey Matura
“I just read through some of the offenses so that people are aware of theirs. Illegal access to computer system. Illegal access to computer data. Illegal data interference. Illegal system interference. Illegal devices and codes. Computer related forgery. Identity related fraud. Identity related theft and child luring. And of course, the others you already knew.”
Media Houses Beware
Then there’s an aspect of cybercrime that holds media houses responsible for derogatory comments that individuals make on their social media pages.
Audrey Matura
“Sometimes I see some of the most outrageous comments calling people thieves, rapists, and all kinds of things with no evidence. The onus is on the media houses to go remove those things because then they can be arrested and charged. There is provision.”
Marion Ali
“For?”
Audrey Matura
“To me it would be under Section 15, so you can be charged as an individual and you can still be charged as a corporation so you can’t hide and say oh it is a company or so you can’t charge me.”
Marion Ali
“What would be the charge?”
Audrey Matura
“[Section] 15 says using a computer system to coerce, harass, intimidate, etc., a person, but this is the part that I think of the most. It says a person commits an offense who uses a computer system (and that could be your phone) to a publish or transmit computer data that is obscene, vulgar, profane, lewd, lascivious, or indecent with the intent. So what is the intention? It has to be that you want to humiliate the person. You want to harass the person or cause substantial emotional distress, or cause the other person to be subjected to public ridicule, contempt, hatred, or embarrassment.”
You Could Be Charged for your Fake Account
What is difficult to litigate against, Matura says, are social media posts that don’t call any names but are offensive to a class of people. But what is not difficult to prosecute are people who create fake Facebook accounts.
Audrey Matura
“People make fake accounts and they put fake names. And so you need to – the police has actually has the ability.”
Marion Ali
That’s a crime too?
Audrey Matura
“Yes, that in itself is a crime, but the police have the ability to be able to track these things. And they should there is a protocol that I understand that you can contact Facebook for police purposes and get information. There’s ways if you want to do it.”
But the attorney questions whether Belize is equipped to successfully prosecute cybercrimes.
Successfully Prosecuting Cybercrimes
Audrey Matura
“The question is, do we have the resources? Does the office of the DPP have the resources of what it needs for the technology to prosecute? Does the police have the resources to investigate and gather good evidence? Because you have to gather the evidence. Keeping in mind, too, that there is already legislation that has to do with electronic evidence and for you to be able to admit electronic evidence in any hearing. It requires that you do it within the parameters of the evidence of the electronic evidence.”
Earlier this week, we heard from Prime Minister John Briceño on the proposed amendment to the Fiscal Incentives Act. It seeks to replace the definitive agreements that were previously entered into by the Government of Belize and developers of mega projects, such as the Port of Magical Belize. The act was introduced in the house at the last sitting, which the opposition boycotted. So, on Tuesday we asked the opposition leader for his thoughts on this proposed legislation.
Moses “Shyne” Barrow
Moses “Shyne” Barrow, Leader of the Opposition
“The U.D.P. government has always been a probusiness government. As a center right party, business is extremely important to us. Investment is important, whether domestic or international. So we have no quarrel in putting in place a framework for those types of massive investments. But we do have a quarrel with the Portico Definitive Agreement that we believe was corrupt from its inception as far as how it was done in the dark of the night without the proper approval from cabinet. And the prime minister himself said it was a binding agreement when we know that Ben Juratowitch disagreed with that, and they really went all out for this agreement that was just giving everything to the foreign investor at the detriment of the Belizean people and against the laws of Belize. We have no difficulty in putting forward a framework where everybody can come and do business at that level, half a billion dollars. We don’t want to turn away investors, but we want things to be done the right way and maximum benefit to the Belizean people.”
