Category: Trials

The Head of the Prosecutions Branch, Alifa Elrington called her ninth witness to the stand today in the Bladen twelve trial. Several of the twelve men accused of facilitating the land of a suspect drug plane in southern Belize are claiming that they were physically abused by police while in their custody. As a result, the court is currently undertaking a void dire, what is commonly known as a trial within a trial, to determine the validity of the men’s claims and the admissibility of their caution statements. It is an issue that will determine the trajectory of this case, and with ten witnesses set to take the stand, it is almost at its conclusion. News Five’s Paul Lopez reports.

Paul Lopez, Reporting

Police Corporal Radro Muschamp, attached to the GI3 Unit in Punta Gorda Town testified before the court today in the Bladen twelve trial. Muschamp told the court that he was at home on the night of November fourth when he received information that led him and three other police officers to Bladen Village. He says they made a stop in Indian Creek Village and walked about half a mile along a dead-end dirt road. There they reportedly came across a white Toyota Hilux. According to Corporal Muschamp, two men exited the vehicle, Moses Perez, and Armando Martinez both farmers from Ranchito Village in the Corozal District.

They are currently standing trial in this matter. Corporal Muschamp testified saying that Perez immediately confessed to them that he was there to help a friend he knew as Ferguson in a plane landing.Muschamp testified that Perez was repeatedly cautioned as he continued to say that he was there to help a police officer he identified as a Ferguson. He also told the court that Perez told them that he brought eight men to the area, including Ferguson, two other police men and a Mexican.

Corporal Muschamp says that Perez also told them that the plane’s cargo was left along the Golden Stream Village riverbank and that he was willing to lead them to it. A search was later conducted in the area, but nothing was found. This afternoon, attorney Richard Dickie Bradley crossed examined Corporal Muschamp. In the ongoing void dire, the defense is claiming that several of the defendants were beaten or threatened while in police custody following the discovery and seizure of the plane, and that their caution statements are inadmissible as a result. Attorney Bradley was not able to complete his cross examination before the court adjourned. But, he asserts that Corporal Muschamp is the officer accused of inflicting injuries upon the men.

Richard “Dickie” Bradley, Attorney- At- Law

“This is an important witness. The allegation made against him by some of the defendants is that he is the one beating, he kicked, stumped, beat them bad. I will not release the photographs and medical papers. I will speak to attorney Banner about this matter. But this is more than just this case. If the allegations are true, we cant proceed this way. When somebody says something to the police or they write something incriminating themselves that is important evidence. The law in our country is that you cannot use anything obtained from an accused if he was threatened, promised anything, coerced and worse if he was beaten or tortured. The law is very clear on that matter. The judges from when all my hair was black they always upheld that important principle. When you say somebody agree to give a caution statement they might not know what is a caution statement. A caution statement is yo the sink yo self. So, it is important. This officer is accused of doing things he should not have done.”

Paul Lopez

“It appears that all he have said an written is contrary to the allegations being raised by these accused?”

Richard “Dickie” Bradley

“Well if you have been around the block and hang around Wagner’s lane and the street side, as I said in court, no police ever ever come to court and say yes your honor I kick ah eena ih mouth, I kick out ih teeth, dah me burn ih testicles, never, never, never. So we are not gullible. He will come and say that. Why did he give them water? The man seh he gives them water to wash ih face because he was under blood. No mark deh pan ih farrid. They have pictures. Deh nuh beat deh self. A man batty buss right up, he nuh beat himself. In fact, when they went to court just two or three days afterwards they made the complaint and showed the matter and the police had taken them to hiospital. Does anybody ever just get up and tell the police, oh guess what happen, dah me mih the off load the plane and mister so and so help me. People act like that? My bway if you the deal with cartel and you open your mouth you gwen dah burying ground. Nobody does that.  That stupid mein.”

Reporting for News Five, I am Paul Lopez.

As we reported on Wednesday, the twelve men charged with the landing of a drug plane on the Southern Highway in November of 2021 appeared in court. The Head of the Prosecutions Branch, Alifa Elrington called her fifth and sixth witnesses of what will be ten persons called during this juncture of the trial, which is called a voir dire. That process is necessary because before the trial can continue, the senior magistrate who is presiding over the matter needs to be able to determine if there is even a case for the defendants to face if what they are claiming is true. Several of the men are claiming that the police abused them while they were in their custody. The arguments by the prosecution, headed by Elrington and by Attorney Leroy Banner for the defence, are fiery. News Five’s Marion Ali spent most of the day in the courtroom at the Charles Bartlett Hyde building and filed this report.

Marion Ali, Reporting

The first of two witnesses to take the witness stand on Wednesday was Police Corporal, Jose Uh, who has been with the Belize Police Department for twelve years. Now a corporal of police, he explained that at the time of the interception of the drug plane in November 2021, he was a police constable attached to the Quick Response Unit based in Belmopan. He told the court that at around twelve-thirty on the afternoon of November fifth, 2021, he was at home when he received a call from an Inspector Novelo, who asked him to record a caution statement from thirty-year-old Moises Perez, who was at the time detained at the Police Training Academy. Uh said that he asked Perez if he was giving the statement voluntarily, to which he responded “yes” and that after Perez said he had not eaten all night, he offered him food and water. He said he asked Perez if he knew why he was detained, to which Perz responded, “yes, for illegally bringing down an aeroplane.”

During the cross-examination, Defense Attorney, Leroy Banner challenged Uh strenuously on the way he carried out the process and suggested to Uh that he was aware of police brutality that Perez claims he was subjected to. Banner used a portion of Perez’ caution statement, in which he alleged that before Uh took his statement, a police officer kicked him so hard in his back that the officer’s service gun fell from its holster to the floor. In that statement, Perez also claimed that during his detention, a gun was shoved down his throat, demanding that he tell them quote, “where the things were” referring to drugs. Banner said to Corporal Uh, quote: “You’re aware that you must ask the detainee if he was beaten or if he was promised anything,” to which he responded “Yes.” And Banner contested, quote: yet, you did not say this in your three-page statement and did not tell the magistrate today,” suggesting that he was merely acting as a robot in taking the statement.

Uh repeated that the accused said he was giving the statement voluntarily. Though at one point, Uh admitted that Perez did tell him that an officer had kicked him in his back, and when he was pressed further by Banner on his reaction to this information, Uh said that he informed Inspector Novelo about it. Later on, he said that at no time Perez said he was in pain and that he (Uh) asked Perez if he wanted to see a doctor and he responded “no.” Banner pointed out that this was the first time since the arrests in 2021 that Uh has said this. Uh also told the court that he did not take any further action to find out if Perez was abused because he did not want to put himself further into the investigation. When Banner tried to suggest if it was because of Uh’s laziness that he did not find out if Perez was abused, the prosecutor, Alifa Elrington objected vehemently, arguing that the Defense should not be allowed to cast aspersions on the witness.

The Magistrate asked Banner to reword his question, but he elected to move on. The defense argued that Uh knew that the police had brutalized Perez and by him not doing anything about it essentially made him a part of that action. Furthermore, Banner asked, “how can he (Perez) give a statement voluntarily if he had a gun stuck in his mouth and was kicked in his back. The prosecutor rose to object, arguing that was not a question for the witness to answer. The next witness to be called was Martin Cal, a Justice of the Peace of twenty years who lives in Belmopan. He told the court that Corporal Uh called him on November fifth and asked him to witness the recording of Perez’ statement. He said that before they began to record the statement, he was given about ten minutes to talk in private with Perez and that during that time, he asked him if he was beaten and if he was giving the statement voluntarily.

He said Perez did not indicate to him at any time that he was beaten and he said he was giving the statement freely. He said he also heard when Corporal Uh told Perez that he did not have to give the caution statement and that he decided on his own to do it and that he indicated he preferred if Uh wrote out his statement for him instead of him writing it out himself. Cal aid the officer also gave him food in his presence. When the defense asked for his observations of Perez, he said he appeared to be calm. The case was adjourned until next Monday, April eighth, when Cal is expected to return to court for the completion of his testimony. Marion Ali for News Five.

The voir dire in the case of the Bladen Twelve resumed today at the Charles Bartlett Hyde Building in Belize City. The twelve men are facing trial for the landing of a drug plane on the Southern Highway on November fifth, 2021. The prosecution called its fifth and sixth witnesses today in the persons of a police corporal and a Justice of the Peace. Head of Prosecutions, attorney Alifah Elrington, called Corporal Jose Uh this morning. Uh, who was a constable at the time, recorded a caution statement from one of the accused, Moises Perez. The defense is claiming that several of the defendants were beaten or threatened while in police custody following the discovery and seizure of the plane. In court today, much of the arguments centred on whether Moises Perez was abused in any way. The JP, Martin Cal, was present during the recording of that statement and said he spent a few minutes alone with Perez before he gave the statement. Today, the Senior Magistrate presiding over the matter admitted Perez’s statements so that the court can determine at the end of this voir dire, whether any of the defendants were coerced, beaten, or in any way abused to give their statements. We spoke first to one of the defence attorneys, Leroy Banner, and then to the Head of the Prosecutions Branch, Alifa Elrington.

Leroy Banner, Attorney for Four Accused Drug Traffickers

“The person who recorded the caution statement testified today. It was tendered. So she just mark it to say it is entered into evidence.”

Reporter

What does that mean, because at the end of the voir dire she will decide whether the caution statement will be accepted into evidence is what we understand.

Leroy Banner

“That is so. At this stage, it’s just – we’re going through the process, then she will decide after hearing both sides if it was given freely and voluntarily, then she was admit it into evidence formally. So right now it is just tendering into evidence, and if she decides okay, I’m satisfied that it was given freely in compliance with the Evidence Act, I will admit it. But at this stage, no, we’re not at that stage yet.”

Reporter

“She also said that she is not looking at the content right now. What does that mean?”

Leroy Banner

“Okay, that means – because when it comes to a caution statement, what is important is not the truth of the caution statement. What is important is that when the police got the statement, was it given freely? Was the person beaten? Was he threatened? Those are the questions, so it’s not per se if it’s the truth. We’re not concerned about the truth. We are concerned if the police follow the Evidence Act. Was there any force? Was there any inducement? Was there any promise? Today. We focused on Mr. Perez’ statement. He gave two statements on the 5th and 6th of November 2021. Those are the statements we challenge.”

Alifa Elrington, Head of Prosecutions Dept.

“The defense has been alleging or suggesting that they were beaten and beaten for all the time that they were in police custody and therefore they had no other reason but to give these statements because the police were beating them and beating them. I believe that on the last occasion, I told the court that we would have about 10 witnesses for the voir dire. So if we’re at about six, then I have about four more witnesses.”

Throughout much of today, the defense based its arguments on the premise that there was police abuse committed against the defendants. This afternoon, the prosecution called JP Martin Cal to testify. He told the court that the statement of defendant, Moises Perez was taken in his presence, during which the police constable, Jose Uh offered him food and water. However, the defense suggested to Cal that he did not ask the defendant whether he was abused prior to the recording of the statement. The cross-examination process, as Elrington explained, can be a tedious one. She addressed that matter as well as an allegation that defendant, Elmer Nah made.

Alifa Elrington, Head, Prosecutions Branch

“The National Forensic Science Service, Mr Cho was one of the co-chairs along with two Justices of the High Court, and we were supposed to be looking at the actual the National Forensic Science Service and how it relates to the Criminal Justice System. What are the difficulties that we all face and how it is that we can make it better.”

Reporter

“The very last thing I wanted to ask on the previous occasion, one of the accused had complained about his transportation detail from the prison. I believe it’s under your purview. I’m not sure you could clarify, but the senior magistrate had said that it’s a matter to be addressed through PSB. I think you may have some involvement, but was that addressed?”

Alifa Elrington

“So technically, prosecution branch is responsible for the transporting of prisoners. Ordinarily, what would happen is that the prison would bring down prisoners in the morning, and then my office is responsible to transport prisoners back in the afternoon because this is a very high-profile case, as Mr Bradley has said countless times in interviews and we’re dealing with a high-profile defendant, we have had to add security measures in the transporting of those two prisoners. So what has happened is that GI-3 is assisting in the transporting of those two prisoners for this particular case. Defense Counsel, Mr Jones did get up and did say to the court that his client made certain complaints to him. Based on what was said, I indicated to the court that as much as it is that he is making that for the court’s knowledge, the proper procedure, if it is that he’s having a difficulty with a police officer, our police officer is doing something that he’s not required to do or he’s not expected to do as a police officer. The proper procedure was to make an official complaint through the Professional Standards Bureau of the Belize Police Department. After that complaint was made, I subsequently got certain information as it relates to the actual transportation. So there is actual video footage of the full transportation of Mr. Nah when he was picked up at the prison, when he was escorted out the prison doors, into the prison van and the prison van is actually secured also with video cameras at the front and at the back. So his entire transportation while he was on that prison van was also recorded.”

On Monday, thirty-one-year-old Monique Escalante, a junior immigration officer, was arraigned on a charge of extortion. She is accused of extorting six thousand dollars from Jamaican national Janhoi Richards. Allegations are that Escalante demanded Richards pay the sum and claimed she was entitled to do so as an immigration officer. Escalante’s attorney, Audrey Matura, claims that these allegations have no truth to them and that her client is being used as a scapegoat to cover up the misdeeds of officers of higher rank. We asked Commissioner of Police Chester Willams about these claims.

Chester Williams, Commissioner of Police

“I don’t expect the attorney to say otherwise. That’s her job to make her client appear to be innocent. I’m not the arbitrary of the facts. I can only present the facts as they are and the court at the end of the day is going to determine her guilt or innocence. But I know for a fact that there is surveillance footage showing the immigration officer going to an ATM with the complainant and the complainant sought to withdraw money from his credit card, but that did not materialize. We also have surveillance footage to show that the complainant was held at the airport for extended hours. At one point in time the airport actually closed and they were still there with him. And the video footage shows certain things that supports the information provided by the complainant. I’m not going to say the immigration officer is innocent or guilty. Like I said, I’m not the one who’s going to decide that, but from an police standpoint, we have sufficient to have lead the charges against her.”

Reporter

“And are you able to say whether or not the complainant had attempted to leave the country via the northern border?”

Chester Williams

“As far as I’m aware, no.”

This morning, a junior immigration officer from Corozal Town was arraigned for extortion. Allegations are that on Friday, March fifteenth, thirty-one-year-old Monique Escalante demanded three thousand U.S. dollars from Jamaican national Janhoi Richards while he was at the Philip Goldson International Airport. Escalante claims she was legally authorized to do so as an immigration officer. Escalante was offered bail in the sum of eight thousand dollars and a surety of the same amount, which she met. As a part of Escalante’s bail conditions, she is to surrender her travel documents to the court, abstain from contacting Richards, and report to the Racoon Street Police Station every Friday, effective this week. In an interview with Escalante’s attorney, Audrey Matura, she claimed that the arrest of her client is merely a scapegoat for other immigration officers taking advantage of their position, but she also maintained that her client is innocent.

Audrey Matura, Attorney For Defendant

“The first thing I’ll say is that it’s interesting what is happening. If the department believes there’s a problem up at the airport, They need to locate it beyond trying to use my client as a scapegoat and I say that because the second thing is that, the facts as is being stated is very questionable because according to the records that they will have there is that Mister Richards who’s making these allegations, came into the country of the fifteenth of March. And I saw the report gave the impression that as this. alleged incident happened; he ran to the police to get help. That’s not true.  He went to the police the twentieth of March and what the department and people who are concerned are not saying is that he only made a report after he tried to leave Belize through the Belize Mexico border and the immigration officers there stopped him and then he came up with this story. A very important thing on the point of this person, mister Richards, that made the allegations, when he came into this country, he said that he would be staying at Belcove Hotel, that he would leave Belize the twenty-second of March via the same airline going to Panama. He attempts to leave Belize to Mexico border, Belize Mexico border. What the senior officials need to tell us the public is where is he? Where’s the record that he left? Because the real scam is not what they’re accusing my client of doing. The real scam is who in the department is running the rocket to help people to get through to the border, to leave this country and transit to Mexico. That’s where the real issue is. Like I said, my client is just the scapegoat. So I think they need to account and give proof if this man has left the jurisdiction And if he hasn’t based on what he declared as the reason he’s coming in where are the charges against him?”

The men accused of facilitating the landing of a drug plane in the south in 2021 appeared in court today. They are known as the Bladden Twelve, and today the trial judge adjourned the proceedings. That’s because the attorney for some of the accused, Oscar Selgado, is incarcerated and unable to represent them. Attorney Richard Bradley explained.

Richard “Dickie” Bradley, Attorney for Defendants

“We are a bit taken aback, but it is unavoidable, at least for this morning, if not for the rest of the day. Four of the accused in the Bladden drug plane, drug trafficking, landing of a plane without permission case,  those four persons had  the illustrious Oscar Selgado as their attorney.  He is unable to make it this morning because he doesn’t control his time.  So, the four persons have asked  and  one of our colleagues attorney is going to represent them. And of course that only came up this morning when they all came to court.  So, the Magistrate quite rightly said that they are entitled to be properly represented and so she agreed to the request for adjournment in relation to that matter. Hoping that we would then come bright and early on Holy Thursday to try and get a full morning  but like bad luck  Mr. Jones has also received a last minute notice that he has been appointed by the high court  to represent a person in a murder trial so he’s going to try and see how he could get that sorted out this afternoon. And in relation to Thursday that is not going to work. So we are going, God willing, on the third day of April to get a full day and thereafter if things  remain on track,  I repeat on track,  then the 8th  of April we will continue  and between myself and the others we’ll try and see how far we could get before a day advanced by the 9th day of April.”