High Court Upholds Chris Martinez’s Prison Sentence

Inspector Christopher Martinez, who pleaded guilty to wounding a businessman while detained at a police station, must remain incarcerated. The High Court dismissed his appeal, meaning that he must serve the remaining three months of the five-month sentence handed down by Chief Magistrate Jayani Wegodapola in September. The appeal hearing, led by Justice Candace Nanton, skipped the appellant’s stay of execution and dove straight into the substantive arguments. After more than an hour, Justice Nanton dismissed the appeal, stating there was nothing wrong with the original sentence. She noted that the five-month sentence was not excessive and could have been longer. Martinez should consider himself lucky, as sentences can increase on appeal. Representing Martinez was Senior Counsel Hubert Elrington, with over fifty years of experience. The appeal ended with some tension between Elrington and the judge. In an interview, Elrington explained that he felt ambushed, believing the hearing was for a stay rather than the appeal itself. He requested more time, but this was denied. The crown was represented by DPP Cheryl Lynn Vidal.

 

Hubert Elrington, Attorney-at-law

“The learned judge of appeal sitting at the High Court level, felt that the magistrate had observed the legal requirements and [that] the sentence was not unduly harsh and would not cause the ordinary Belizean on Albert Street, say in the Brodies area, to be startled or alarmed by the harshness of the sentence. So she decided that she was not going to interfere with the sentence.  She also gratuitously that a sentence appeal can be increased, as well as decreased, and she wanted to know from the DPP whether she was applying to have the sentence increased.  The learned DPP indicated to her that they had not appealed the sentence, and she would not be jumping into that at this stage.  She would remain at the stage that they had begun, they were not going to challenge the length of the sentence.”

 

Court Reporter

“So in the end, Inspector Martinez has to continue his five-month sentence.  He has three months remaining.”

 

Hubert Elrington

“The sentence imposed on him by the Chief Magistrate in September, I think it was the thirteenth of September was upheld.”

 

Inspector Christopher Martinez admitted to wounding businessman Aaron Flowers back in 2022.