Trials - Channel 5 Belize

Danny Mason Seeks C.C.J. Intervention to Overturn Murder Conviction

It is arguably the most sensational case in Belize’s judicial history – the murder trial and conviction of businessman, Danny Mason and four others. Mason, along with Ernest Castillo, Ashton Vanegas, and brothers Keiron and Terrence Fernandez were convicted in 2019 of the 2016 murder of Dangriga Pastor, Llewelyn Lucas. The high-profile case saw several witnesses take the stand for the prosecution in a trial presided over by Justice Antoinette Moore. Pastor Lucas’ burnt remains were discovered on Mason’s ranch, located off the George Price Highway a few miles from his Belmopan home. His head was found in a bucket in a vehicle that Mason and his co-defendants were occupying. At the end of the trial, the five men were handed down life sentences with the possibility for parole after they have each served thirty-five years behind bars, less the time they spent on remand. Mason appealed the conviction at the High Court, and it was turned down. Now, through his attorney, Senior Counsel Hubert Elrington, he is attempting to seek the intervention of the Caribbean Court of Justice. Late this evening, Elrington explained the process of that appeal.

Hubert Elrington, Attorney for William “Danny” Mason

“On the 11th of July, the Court of Appeal turned down his appeal for murder conviction and so we are now going to make the final attempt to get the conviction set aside at the C.C.J.”

Reporter

“So what does this mean now?”

Hubert Elrington

“It means we have to apply to the C.C.J. for leave to appeal. That is the procedure. And then they will set the timetable.”

Mark Stevens Refuses to have His Fingerprint Taken in Court

Thirty-six-year-old Mark Stevens, accused of the attempted murder of Juan Carlos Rios Pineda on June eighth, appeared in court today when he was escorted from the Belize Central Prison. His appearance this morning, before a magistrate, took an interesting turn when Stevens refused to have his fingerprint lifted by police experts. While the court granted permission for his fingerprint to be taken, after partial prints were lifted from a knife allegedly used in the Pineda’s stabbing, Stevens put up a fight, refusing to comply with the orders of the magistrate. On Saturday, June eighth, police visited the Karl Heusner Memorial Hospital where they observed Pineda suffering from multiple stab wounds. Initial investigation revealed that he was walking his dog in the Lord’s Ridge Cemetery when he was approached by an individual he knows as Mark Stevens. Pineda said he made several attempts to evade Stevens by running home, but Stevens ran towards him and stabbed him multiple times with a kitchen knife. Pineda’s landlord attempted to stop Stevens from inflicting the injuries, but he was unsuccessful in doing so. While Stevens refused to cooperate with the taking of his fingerprint earlier today, another attempt will be made to do so at the Belize Central Prison where he remains on remand.

High Court Rules Against No-Case Submission in Mason Kidnapping Case

Convicted murderer Williams “Danny” Mason has been shuttling between the Belize Central Prison and the Belmopan High Court throughout this week. Mason and co-accused Ryan Rhaburn face charges of kidnapping businessman Lloyd Thiessen and his wife, Rosie, in May 2016 at Mason’s ranch near Mile thirty-one along the George Price Highway. The kidnapping allegedly stemmed from a business dispute; the couple had reportedly given Mason three hundred thousand dollars to import corn, which was never delivered. When the couple confronted Mason, the alleged kidnapping occurred. The trial, initially scheduled to begin in early July before Justice Francis Cumberbatch, was postponed to July eighteenth after Mason requested a change in venue. The trial resumed on Monday, and by Wednesday, the prosecution, led by Director of Public Prosecutions Cheryl Lynn Vidal, had closed its case. On Thursday, the defense argued a no-case submission, claiming the prosecution had not provided sufficient evidence. This afternoon, Mason and Rhaburn appeared before Justice Cumberbatch, who ruled that there was indeed a case to answer. Consequently, the no-case submission was denied, and the trial will continue. Mason and Rhaburn are expected to testify next week. Following the ruling, Rhaburn’s attorney, Simeon Samson, provided a brief statement.

Simeon Samson, Attorney for Ryan Rhaburn

“At the end, the defense made its submission to the judge that the trial ought not to proceed because we thought there was insufficient evidence against my client. The judge has ruled against us. So, we proceed to trial on Monday morning, my client will take the stand.”

Orson Elrington Returns to Court for Rape Allegations

Attorney Orson Elrington, also known as O.J., has been committed to stand trial for the charge of rape following a preliminary inquiry held this morning in Belize City. On March eighth, Orson was charged with rape and granted bail of eight thousand dollars plus one surety. Elrington’s attorney, Hubert Elrington, is expected to challenge the decision in the High Court. Meanwhile, the Director of Public Prosecutions, Cheryl Lynn Vidal, says she looks forward to the defendant’s challenge in the high court.

Cheryl Lynn Vidal, Director of Public Prosecutions

“I really don’t want to go into the facts of the case but this report was made some days after the incident. And so by the time it had come to the attention of the police, it really would not have made much sense.We didn’t think that there was any likelihood that he would not have been committed to stand trial.”

Reporter

“He said that his rights were breached because you overstepped the boundaries of your office to actually make calls and speak with his accusers. What would you say in response to that? Did you overstep the boundaries?”

Cheryl Lynn Vidal

“I most certainly did not. And I would imagine that that is an issue that will be addressed at the High Court. I look forward to it.”

Hubert Elrington, Attorney for Orson Elrington

“Well, I don’t think the learned magistrate even understood what we were trying to say to her. I, I think that this was one of these situations in which we made a submission which the learned magistrate simply did not understand. Because nothing that she has said makes any sense to me.”

Reporter

“So what happens next?”

Hubert Elrington

“Well, we’ll take the matter to the High Court. The D.P.P. has brought a case, right? And her first duty is to show that there is a difference between a crime and a non-crime. And the magistrate must look at it and says, if the evidence discloses a crime or the evidence discloses a non-crime, but she doesn’t even understand that that is the duty. So where do you go? You have to go to the high court.”

Man Accepts Plea Bargain for Attempted Murder

Tonight, San Ignacio resident Gerson Guerra is a free man after accepting a plea deal. Guerra was charged with attempted murder, aggravated assault, and use of deadly means of harm after wounding his then, partner, Zuemy Tzalam on her throat with a knife. Reports are that on February twenty-fourth, 2020, Guerra entered the home of Tzalam with the key he was in possession of and engaged in an altercation with Tzalam, resulting in him pushing and wounding her. Guerra avoided a prison sentence after taking a plea deal negotiated under the new legislation in the Criminal Procedure (Plea Discussion and Agreement) Act. Under this bargain, Guerra was sentenced to pay the court a fine of one thousand five hundred dollars over the course of twelve months and two thousand dollars to be paid to the victim over a two-year period. Additionally, Guerra will undergo five anger management sessions within the next twelve months. Attorney Erin Quiros represented Guerra.

Erin Quiros, Attorney at Law

“So he was accused with attempted murder and deadly means of harm. And with the passing of the act, he was able to plead to the lesser charge and fortunately, we were also able to agree. The prosecution and I were able to agree to a non-custodial sentence given the circumstances, given his circumstances. A lot of factors were taken into consideration. The fact that he has gainful employment, he has a daughter that he is currently maintaining, that was a major factor for the court. So he’s been ordered to pay a fine and been ordered to go to anger management courses. And of course, in the fault of that, he would suffer incarceration. But yeah, that is what it has.”

Reporter

“So the fine was fifteen hundred and also two thousand ordered compensation to the victim. Is this in line with other cases that have been decided along these lines?”

Erin Quiros

“Yes, it is. This is not an unusual order of the court. There have been circumstances prior to this, where a court has ordered a fine not only to the government, but also to the victims, right? So this is not something unusual. It just opens the door in relation to pleading to lesser offenses and coming to that agreement. Instead of going through a lengthy trial, the parties are able to do that and save time and save court resources.”

Reporter

“The judge mentioned that there is a level of prevalence to this kind of crime. As an attorney, I’m sure you’re exposed to that sort of thing. Do you think the fine for the particular situation was adequate?”

Erin Quiros

“I believe that it was. I believe that it was. I remember this is not something that the accused proposed. It was something that was agreed along with the prosecution. And we both were of the opinion that this was an adequate sentence and the court agreed.”

Doris Grant Appears in Court

Doris Grant appeared in court today for her theft case. Grant, who is sitting at the Belize Central Prison under the S.O.E., is expected to return to court on August sixteenth, when she will be provided with disclosure. On May twentieth, Grant was arraigned on forty counts, including obtaining property by deception, money transfer fraud, and theft exceeding one hundred and twenty-one thousand dollars. She was granted bail in the amount of fifty thousand dollars, or one surety of the same. No plea was entered at her initial arraignment. However, on June twentieth, Grant faced additional charges of being a gang member, just a week after being shot and injured. The police allege that Grant is a member of the Southside Gang. Today marks twenty-nine days since their detention under the State of Emergency and thirty-five days since their initial remand.

Attorney Orson Elrington Committed to Stand Trial for Rape

Attorney Orson Elrington, also known as OJ, has been committed to stand trial for the charge of rape following a preliminary inquiry held this morning in Belize City.

Elrington’s attorney, Hubert Elrington, is expected to challenge the decision in the High Court. He told reporters, “The DPP has brought a case, right? And her first duty is to show that there is a difference between a crime and a non-crime. The magistrate must look at it and says if the evidence discloses a crime or the evidence discloses a non-crime, but she doesn’t even understand that that is the duty. So where do you go? You have to go to the high court.”

Meanwhile, the Director of Public Prosecutions, Cheryl Lynn Vidal, stated, We didn’t think that there was any likelihood that he would not have been committed to stand trial.” She says she looks forward to the defendant’s challenge in the high court.

On March 8th, Orson was charged with rape and granted bail of eight thousand dollars plus one surety.

According to reports, two women have alleged that Elrington raped them. In January, Police Commissioner Chester Williams informed reporters, “According to them, while on their way home, the attorney told them they would stop at his house for one final drink before he took them home. They agreed, and upon stopping at his house, they continued to drink and took some shots of tequila. One of the women said she drank to the extent that she could not recall what happened after leaving the nightclub until the next morning when she woke up in the nude beside the attorney, who was also semi-nude. Her friend, who was there with her, told her certain things. According to them, while they were at the house drinking, they began to become intimate, which led to him having sexual intercourse with them against their will. The next morning, when they went home, the woman from Belize City told her boyfriend what transpired, and he advised her to report the matter to the police.”

Kareem Franklin Found Not Guilty of Attempted Murder

Belize City resident, Kareem Franklin, was found not guilty of two counts of attempted murder. However, Justice Candace Nanton found the twenty-seven-year-old guilty of two counts of use of deadly means of harm with intent to cause grievous harm. Investigators say that Franklin was involved in a shootout that took place in Belize City on March first, 2016 in the Saint Martin’s De Porres area. Sentencing is set for September 26, 2024, and he faces up to ten years imprisonment on each count. Franklin was accused of attempting to murder two police officers, P.C. Stephen Choco and Joseph Sutherland. On the day of the incident, the officers were on motorcycle patrol on Mahogany Street when they encountered Franklin, who was acting suspiciously. Franklin opened fire at the officers, but fortunately, he missed them. Franklin denied being present at the scene, claiming he was at home and later at a football field when the incident occurred. However, video footage captured near a dental clinic in the area showed a man identified by two separate police officers as Franklin with a gun in his hand. In her ruling, Justice Nanton stated that while the Crown did not prove Franklin intended to kill, his actions showed an intention to cause grievous harm. Franklin was represented by Attorney Ronell Gonzalez.

Delay in Case Against Accused Child Abuser Mervin Budram

Former church leader, Mervin Budram, appeared in the High Court on Friday morning for a continuation of his sexual assault case in Belmopan. Budram is facing allegations from several young women who accused him of using his position as a church leader to sexually abuse them between the years 2004 and 2014. The charges, totaling 13 counts of aggravated assault of an indecent nature, stem from these accusations.

The case gained prominence in August 2023 when Rebecca Stirm Lennan, daughter of a pastor at Jubilee Ministries, publicly accused Budram of assaulting her when she was just 11 years old.

Lennan was scheduled to testify against Budram on July 19, but the proceedings were adjourned. Arthur Saldivar, Budram’s attorney, told reporters that the delay in the case is due to the Director of Public Prosecutions’ unavailability, as she is involved in another case in the Supreme Court.

Jubilee Ministries, where Budram once held a leadership position, had pledged to investigate the allegations but has not provided any updates on their internal inquiry. Budram, who has denied all allegations, remains on bail until the next court date on September 13.

Policemen Granted Bail for Dyandre Chee’s Murder

Two policemen, charged for the murder of Orange Walk resident Dyandre Chee in March 2023, have been granted bail of twenty thousand dollars each when they appeared before Justice Derick Sylvester earlier today. Viewers would recall that the shooting death of Chee sparked public outrage in the officer-involved incident. Chee was shot and killed while riding a motorcycle and being pursued by the policemen. Attorney Richard ‘Dickie’ Bradley has been instrumental in the case and gave a synopsis of what took place in court.

Richard ‘Dickie’ Bradley, Attorney-at-law

“A little over a year ago killing in Orange Walk Town in which a person, a passenger on a motorcycle, had been shot by police officers and fatally shot, and there were major protests in regards to the matter because they had previous killings by police of persons in Orange Walk under suspect circumstances. But be that as it may, the two police officers, Solomon Cowo and Esmin Flores, were charged for murder four days after that shooting and they, in fact, were given disclosure only about maybe two months ago. And they agreed to proceed to a preliminary inquiry without legal representation. So a preliminary inquiry was held and their matter would normally end up on the list for the September cases, not necessarily for trial because there are many, many more cases before them. But it had concluded on the preliminary inquiry and is now basically heading for the High Court in the Orange Walk jurisdiction. Being police officers, they are a bit familiar with the law, they were able to reach out to the legal aid services where former prosecutor Sherigne Rodriguez, and I think she was a former magistrate, I remember going to San Pedro in front of her, and today her boss, the director of legal services was in court. The matter is this, that today for us attorneys on the defense side, marks a significant step forward, this is a huge development. In the sense that the honorable Justice Derick Sylvester was the judge that the matter of an application for bail for the persons who are accused of murder, he has been hearing this matter. Today is not the first day, this had been before the court for a couple of weeks and he has in fact directed that they make certain submissions, written submissions, this is the course of records in the magistrates court, and today His Lordship brought a very lengthy written decision.”