2024-03-08 - Channel 5 Belize

Oscar Selgado Guilty of Abetment to Commit Murder

Defense attorney Oscar Selgado has been found guilty of abetment to commit murder in an unprecedented ruling handed down by High Court Justice Nigel Pilgrim. Justice Pilgrim determined that Selgado had attempted to hire a gang member to carry out the murder of Marilyn Barnes, who had filed a complaint against him for unethical behavior. The judge found that the prosecution’s main witness, Giovanni Ramirez, was truthful and reliable. News Five’s Hipolito Novelo was in court and has the following story.

Hipolito Novelo, Reporting

From defense attorney to convict… Tonight, defense attorney Oscar Selgado is sitting in a jail cell at the Belize Central Prison. This is after High Court Justice Nigel Pilgrim handed down a historic verdict. Selgado was found guilty of abetment to commit murder.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Let’s just say justice was done. I don’t know of any other case. I’ve been here 23 and a half years.”

Selgado is facing up to seven years behind bars, based on precedence. He attempted to hire Belize City gang member Giovanni Ramirez to murder Marilyn Barnes, who had made a complaint to the General Legal Counsel against Selgado for unethical behavior. Ramirez was the prosecution’s main witness, and in his ruling, Justice Pilgrim determined that Ramirez’s evidence was truthful and reliable.

Cheryl Lynn Vidal

“He accepted the statement of Giovanni Ramirez. He found him to be truthful in his statement and that what was stated in that statement suffice to prove the charge beyond a reasonable doubt.”

From our records, this is the first time that a practicing attorney has been convicted of such a crime. In November 2023, after chastising the media, Selgado said he would comment when the trial concluded.

Oscar Selgado, Guilty of Abetment to Commit Murder (File: November 3^rd 2023)

“What is it that the media wants to ask me? To comment upon a case that is before a judge? I am not afraid of the media. I have nothing to hide. What I want you people to understand is to respect my privacy and I don’t want to see you back at this court until the case is finish. When the case is finished, I will give you an interview, and I will tell you what I think.”

Selgado appeared in court today in casual clothing. During the judgment, he stared expressionlessly away from Justice Pilgrim who pronounced him guilty. He had no words for News Five while being escorted to a waiting prison van at the end of the session.

Hipolito Novelo

“Mister Selgado, anything to say, sir?”

Oscar Selgado

“(No Answer)”

Hipolito Novelo

“You said you would comment at the end of the trial.”

Oscar Selgado

“(No answer)”

Hipolito Novelo

“How do you feel about the verdict today that you’ve been found guilty of abetment to commit murder?”

Oscar Selgado

“(No answer)”

Hipolito Novelo

“Any words for your family?

Oscar Selgado

“(No Answer)”

Hipolito Novelo

“Will you appeal, sir?

Oscar Selgado

“(No Answer)”

It would not be unusual for Selgado to appeal the verdict; however, DPP Cheryl Lynn Vidal says it will be difficult.

Hipolito Novelo

“Is there any indication from Mr. Sargaro’s attorney that they would appeal this matter?

Cheryl Lynn Vidal

“I don’t think they’ll be giving me that indication, but I’m certain that he will. I’m also certain that he’ll find it very difficult from what I heard to succeed on an appeal.”

Attorney Richard Dickie Bradley, who sat in the courtroom, described today’s events as quote, ‘a sad day’.

Richard “Dickie” Bradley, Attorney

“It is a sad day.”

Reporter

“What happens now? Obviously, he won’t be able to represent the accused people in the Bladden 12.”

Richard “Dickie” Bradley

“That is true. We have to make arrangements for them to be properly represented.”

Reporter

“What is the penalty or sentence that he faces?

Richard “Dickie” Bradley

“Well, the maximum under the law is that he can get life imprisonment.”

Selgado was represented by attorney Adolph Lucas Senior. He is to appear in court on April 29^th for sentencing. Reporting for News Five, I am Hipolito Novelo.

OJ Elrington is Charged for Rape

It’s been several weeks since we broke the story of an incident that allegedly involved a prominent Belize City attorney who stands accused of raping a pair of women. Tonight, forty-two-year-old Orson Jerome Elrington, better known as OJ, is out on bail after appearing before the lower courts this afternoon. His arraignment followed a single charge that was brought by the D.P.P.’s office in respect of a criminal report made against him. It is alleged that he raped a woman on the night of January twelfth, 2024. Shortly after midday, Elrington was escorted to the Queen Street Police Station where he was processed. Two hours later, he was taken to the Magistrate’s court on Coney Drive where he was arraigned in the courtroom of a senior magistrate. Earlier today, we caught up with Director of Public Prosecutions Cheryl Lyn Vidal who spoke briefly on the matter.

Cheryl Lynn Vidal, Director of Public Prosecutions

“I met with the complainants in the matter and based on what they said to me, we did additional work and it was at the end of that process that we were in a position to make a decision.”

OJ Elrington is on Bail for Rape

Meanwhile, in the lower court, Elrington was accompanied by his father, Hubert Elrington, and fellow attorneys Norman Rodriguez and Michelle Trapp. The Senior Magistrate explained to Elrington that due to the nature of the offense, she will not take a plea. When the prosecutor was asked if he had any objection to bail being granted to the accused, he raised no objection. With that, bail was offered in the sum of eight thousand dollars, plus one surety of the same amount. The conditions of his bail include reporting to the Belama Police Station every Tuesday, as well as surrendering his travel documents to the Clerk of Court. We spoke with Hubert Elrington and Norman Rodriguez following the arraignment.

Hubert Elrington, Attorney-at-law

“We believe that it‘s going to be very difficult for any of them to defeat us in a criminal trial. That‘s all.”

Court Reporter

“Can I ask a question? We know that the norm here at court is that persons who are accused and charged with rape, normally there is an objection to bail. Today, there was no objection in court today. As it relates to the law, tell us how that was.”

Hubert Elrington

“I wasn’t in court when that was gone through so you would have to ask somebody who was there.”

Norman Rodriguez, Attorney-at-law

“As it relates to the bail, there was no objection and if there was no objection then we really have nothing more to day.”

Court Reporter

“Okay, but as it relates to the law, does the offense of rape, does it appear as one of those offenses that the court can or cannot grant bail?”

Norman Rodriguez

“It is not listed in Section 16 of the Crime Control and Criminal Justice Act. As a result of that, the magistrate can grant bail and she did.”

Court Reporter

“Tell us a little bit about the conditions to his bail.

Norman Rodriguez

“It‘s the usual, he has to sign in once a week. He must stay or not come within a certain distance of the virtual complainant or any of the prosecution‘s witnesses. He is to surrender his passport and if he needs to leave the country, he has to get permission from the court. It‘s normal.”

Convicted Criminal Anke Doehm May Face More Charges

Anke Doehm is the sixty-three-year-old American woman who the High Court found guilty of cruelty to a child earlier this week. Doehm was remanded to the Belize Central Prison after a nine-member jury unanimously found that she neglected her adopted daughter, thirteen-year-old Fay Lin Cannon, who ultimately died because of that neglect. She is expected to be sentenced on Tuesday, March fourteenth. Doehm may also be facing additional criminal charges. The Director of Public Prosecutions, Cheryl Lynn Vidal, told News Five that based on what was revealed during the trial, her office will be pursuing additional charges against Doehm.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Yes, Anke Doehm was convicted on Monday of cruelty to a child. Unfortunately, during the course of preparing for and prosecuting that case, a lot more came to light. And it may be that further action may be taken against her in the coming months, it may be.”

Hipolito Novelo

“Is your office looking for the maximum penalty in this case?”

Cheryl Lynn Vidal

“I don’t think in the circumstances she will get the maximum penalty, but we’re certainly looking at a custodial sentence.”

Hipolito Novelo

“What’s the maximum sentence that she can get?

Cheryl Lynn Vidal

“10 years.”

C.C.J. Dismisses Murderer’s Appeal

The Caribbean Court of Justice today dismissed an appeal brought by Nevis Betancourt. He is the man who was convicted of the murder of Jose Castellanos. In July 2017, Castellanos was shot inside a restaurant in Santa Elena Town. Betancourt was subsequently indicted and tried for murder. He was convicted and sentenced to twenty years in prison. The Court of Appeal dismissed the appeal and affirmed the conviction. Betancourt appealed to the C.C.J. on the ground that the Court of Appeal erred in upholding the trial judge’s rejection of the defense of self-defense. The trial judge accepted the case for the prosecution, which was that Betancourt entered a restaurant, shot Castellanos twice before Castellanos chopped him with a machete. Betancourt continued to shoot Castellanos, who left the restaurant and thereafter died. The C.C.J. ruled that Castellanos did not act in self-defense, but rather that he was the aggressor. The Crown was represented by the Director of Public Prosecutions, Cheryl Lynn Vidal.

Cheryl Lynn Vidal, Director of Public Prosecutions

“Yes, I had to unfortunately come out of court to go to receive that judgment and the appeal was dismissed and the conviction was affirmed.”

Hipolito Novelo

“On what grounds?

Cheryl Lynn Vidal

“Their argument was that there was a third version of events that the trial judge had not taken into account and so there was a resulting miscarriage of justice. Our response was that there was in fact no third version because on the facts that the trial judge accepted she had already found that he was not in fact acting in self defense. He was the aggressor and the court found favor with our arguments.”

PM Briceño Introduces 2024 Budget

This morning, during a sitting of the House of Representatives that succeeded a landslide victory at the polls in the recent municipal elections, the Briceño administration presented the 2024 budget. It’s another billion dollar financial plan that is expected to be implemented as of April first, the start of the new fiscal year. Prime Minister John Briceño broke down the budget into recurrent expenditures, including government’s massive wage bill, goods and service, as well as debt servicing.

Prime Minister John Briceño

“A total of $1.604 billion is proposed. Of this sum, approximately $1.1 billion will be recurrent spending covering wages, pensions, goods and services and transfers and debt service interest costs. In addition to recurrent costs, $430.7 million is programmed for capital investments during the new fiscal year of which some one hundred and forty-six million dollars or so-called Capital 3 funding drawn down from the various loans and grants already approved. One hundred and thirty million dollars is the amount projected for amortization payments. That is the repayment of principals on loans already contracted. The primary surplus is projected at $30.6 or 0.46% of GDP, while the overall deficit is projected at $85.842 million or 1.3% of GDP. Let me put this into perspective for all of us to understand the purpose of each dollar government spends. Thirty cents of every dollar will be for the wages of public officers. Seven cents of every dollar for public officers’ pensions. Eighteen cents of every dollar for operational costs to government, such as utilities and transportation. Seven cents for interest on loans and the remaining twenty-seven cents for capital expenditures which includes the funding of all projects and programs undertaken by government.”

G.O.B. Says 23 Cents of Every Dollar is Spent on Programs and Projects

PM Briceño then proceeded to emphasize that of every dollar government earns, only twenty-three cents is invested in social programs and infrastructure projects. He also spoke on public investment programs, including the expansion of National Health Insurance.

Prime Minister John Briceño

“In effect, seventy-three cents of every dollar simply keeps the machinery of governance running, leaving twenty-seven cents of every dollar for programs and projects. Now when we took office in 2020, the percentage of total spending available for programs and projects was at twenty-three cents on the dollar spent. In just three years then, we have managed to shrink government’s operating cost by more than five percent, allowing more money to finance programs and projects that will benefit the people. To a sampling of the principal capital projects that will be included in this year’s public investment programs. Of course, these all line up with Belize’s medium term development strategy, as well as the overarching goals of Plan Belize. Thirty-five million dollars to fund the continued expansion of NHI. Three point five million dollars for hemo-dialysis support programs. Twenty-one million to help fund the growing payables related to UDP land acquisitions. Ten million dollars for the repair and maintenance of major highways. Seven point five million dollars to support the ongoing expansion of solid waste transfer stations. Six million dollars for low-income homes and housing repairs. Five point seven million dollars for another phase of the PSW Goldson Highway rehabilitation, four million dollars for the upgrading of the Guinea Grass Road. The paving of the road, Abi Mai, yes.”

Why Aren’t Youths Showing Up To Vote?

The data from polling stations across the country from Wednesday reveals that voter turnout among the youth demographic was significantly low. Prime Minister Briceño was asked if the figures are a sign that youths are disenchanted with both major political parties and are not buying into their ideals. He responded by saying that the voter turnout among youths has consistently been low.

Prime Minister John Briceño

“Let me put it this way that has always been the case. All the time, because young people in many instances they are not thinking about a mortgage or what we are doing. They are concentrated in school work, their social life or concentrated in getting settled in their work. That has been not only in Belize but all over the world. It takes time for young people to really start to get engaged. Even my sons who live in apolitical family, they go to vote and support the PUP, of course they support me, but they would not be keen in discussing what government is doing unless there is something to say ok well hey dad is this true. That is normal everywhere, when you see the numbers start to go up, when you see they hit thirty and above you see people start to become more concerned about the government, because now they have a family, they have to make sure their children could go to school, make sure we have hospitals, they can get scholarships, that they could get a decent jobs, making sure the government is not wasting their money, increasing taxes, these are the things that happen as we become and adult and that is normal everywhere. Orange Walk Town had one of the highest; almost sixty four percent of people turnout, but the point is that our people came out to vote. It is the opposition; their supporters are disheartened they do not like what they are seeing in their party so they chose not to come out. If they do not want to come out that is not my problem, t hat is their problem. My challenge is to ensure that our people come out and vote and our people came out in record numbers to support the PUP government.”

PM Briceño Says Belmopan Residents Rejected John Saldivar

The People’s United Party is also celebrating victory in Belmopan. This is the second consecutive municipal elections in the Capital City that the P.U.P. has secured. Only this time around, the results reveal that the United Democratic Party has made some gains in that municipality when compared to the March 2021 results. PM Briceño was asked if P.U.P. Area Representative Oscar Mira should be concerned about John Saldivar’s candidacy in Belmopan for the 2025 general elections, given the figures.

Prime Minister John Briceño

“Well if that is the case we also in Orange Walk we also lost some ground because the last time we won about eighty-five percent and this time we won by about eighty-three percent. I think that it is much ado about nothing. Belmopan we won convincingly and that is what was important. Also, to make the point that when it comes to Mr. Saldivar, I think that he was probably a part of the reason why the people rejected the UDP candidate here in Belmopan, because he made this a referendum on him. And, he got, now I think he knows exactly what the people of Belmopan think about him, that his days are over and he needs to try and find a job, because the people do not want his kind of leadership. I believe that Mr. Cawich will do an excellent job as mayor. He is not combative. He is humble, hard working and liked by everyone. He will be reaching out to everyone and he immediately demonstrated that when he reached out to the area representative because it was no secret that the area representative was inclined to support another candidate. They put that aside and decided to work, so we saw the results of that partnership.”

Attorney Says G.O.B.’s Attempt to Strong-arm B.S.I. Failed

Earlier this week, the High Court handed down a judgment in the case of Belize Sugar Industries Limited and the Corozal Sugar Cane Producers Association against the Attorney General, the Sugar Industry Control Board, the Minister of Agriculture and the Controller of Supplies. This was in direct relation to a claim that the two entities had successfully presented after having filed for an injunction. That injunction was to have the amended Sugar Industry Import/Export Regulation, or a Statutory Instrument that was introduced in May of 2023 halted. Senior Counsel Godfrey Smith, on behalf of the claimant, held a press conference today to share the implications of the regulation had it been passed. Essentially, the court found that the regulation was unconstitutional, that it breached the claimants’ right to work, to privacy, to protection of law. News Five’s Marion Ali filed this report.

Godfrey Smith, S.C., Attorney for A.S.R/B.S.I./C.S.C.P.A.

“The court struck down, in fact, it characterized portions of the regulations as obnoxious, saying that it did interfere with BSI’s right to information and privacy, that the regulations would interfere with BSI’s right to work, and it would interfere with its right to protection of the law, because it amounted to an overreach. The effect of the finding is that the government has used its legislative power in an invasive way, in a way that breach people’s, that the BSI’s right to its confidentiality and privacy of its commercial information.”

Marion Ali, Reporting

The Constitution of Belize allows the government to formulate regulations that interfere with a company’s rights, but it must be for the greater good of the people. And, even though the sugar industry is one of Belize’s income earners, the court found that the regulation was the equivalent of an abuse of power. Senior Counsel, Godfrey Smith explained the crux of the matter with one of the sections he argued against.

Godfrey Smith

“The Sugar Industry Act and the Supplies Control Act already regulated export of sugar in Belize. All of a sudden, in 2023, the Sugar Industry Control Board and the Minister of Agriculture promulgated, brought into law, a new set of regulations that had at its core two fundamental things. 01:5The first is a requirement that if BSI wished to get a license to export sugar or to manufacture sugar, it had to disclose all contracts – all – to the S.I.C.B, Mr. Osorio and his group with all of its clients internationally. It also had to do that each time it applies for a shipping permit. There’s a requirement that each time you want to export sugar for each batch you have to apply for a shipping permit and if you haven’t made those disclosures you will not get a permit or you will not get your license or your export license can be revoked.”

Smith explained that the regulation also sought to impose on BSI a requirement to collect from Tate and Lyle in London any Fair Trade premium for sugar due and paid to associations. This is a matter that the claimants argued had nothing to do with them. The basis on which the claimants put forth their case was that the regulation was crafted so as to delve into B.S.I’s private commercial affairs and to force B.S.I to do the impossible – to pay Fair Trade premiums, which are not paid by them, but by the London-based company Tate and Lyle. Smith shared his candid view that the government abused its authority when it formulated the regulation.

Godfrey Smith

“That piece of regulation was a clear, naked attempt by S.I.C.B – Sugar Industry Control Board and the Ministry of Agriculture to strong-arm BSI and force them to do what the law doesn’t allow. So, because the disputes have been ongoing and the government obviously must favor the cane farmers because they represent thousands of voters in the industry, it will never be a case where any government, red or blue, will ever side with a commercial entity, a multinational B.S.I./A.S.R, because they know where the votes are. And for that reason, they were prepared to use their sovereign legislative power in a heavy-handed, hand-fisted way to compel something like that. They were not entitled to compel. It was an abuse of authority. Nobody says you can’t regulate to assist here and there if you believe there is unfairness. But that is why there is a Constitution, which is the yardstick against which you gauge whether a particular piece of regulation or law has gone overboard. So you can’t use force.”

Smith pointed to the fact that a cane farmers association would join A.S.R./B.S.I on the claim is in itself an indication that the association did not trust the intention with which the regulation was drafted.

Godfrey Smith

“One of the cane farmers associations themselves – the Corozal Sugarcane Producers Association – I miss that, I overlooked that point. It’s an important point because they felt the actions of the government with this heavy-handed piece of legislation could mash up the industry and they would be at a loss if whatever draconian penalty is imposed on BSI for failure to comply with these excessive regulations – could mash up the industry – could hurt BSI, but if BSI is hurt, down would go the other associations. So that’s why they joined in that claim.”

The regulation can still be passed, but without the sections that the court found to be unduly unreasonable, which would make the regulation ineffective in what it seeks to do. The defendants have twenty-one days within which to file an appeal of the ruling. Marion Ali for News Five.