CCJ Reinstates Manslaughter Convictions in Hilberto Sotz Case

The Caribbean Court of Justice (CCJ) has reinstated the manslaughter convictions of two Belizean police officers, Leonard Nunez and Hallet King, following a Crown appeal against the Court of Appeal’s decision to overturn their convictions.

The hearing saw Director of Public Prosecutions Cheryl Lynn Vidal, representing the Crown. Attorney Arthur Saldivar appeared for the respondents, Nunez and King.

The Crown appealed on two grounds, the first of which was conceded. The second centered on whether the Court of Appeal had erred in law by failing to consider the application of a proviso under Section 216(1) of the Senior Courts Act. This provision allows a court to dismiss an appeal if it considers no substantial miscarriage of justice occurred, even if the point raised might otherwise favor the appellant.

In its ruling, the CCJ stated, “The court has considered both the written and oral submissions and we have arrived at consensus. All five of us agree on the order to be made. One, the appeal is allowed. Two, the convictions of the two respondents are reinstated. And the matter is remitted to the Court of Appeal for the hearing and determination of the appeal by the Crown on sentencing.”

The case dates back to 2015 when 18-year-old Hilberto Sotz died while in police custody on Caye Caulker. Nunez and King had initially faced murder charges, which were later reduced to manslaughter. At the original trial, the key questions were whether Sotz’s death was intentional or accidental. The post-mortem report could not conclusively determine whether he died from a fall or blunt force trauma, and no weapon was identified as the cause of death.

In 2029, both police officers were sentenced to time served and they walked out of court free men.