Elvin Penner appears in court for private prosecution

Elvin Penner

Since last September, it came to light that there was gross corruption in the issuance of Belizean passports to person who clearly did not qualify. In the case of South Korean national, Won Hong Kim, there is evidence that he did not meet even the basic requirements, but obtained nationality and citizenship. The former minister of Immigration, Elvin Penner, recommended and facilitated the passport to Kim. All investigations were hampered, but a private prosecution by COLA is ongoing. Today, Penner was back in court in Belmopan for final disclosure of evidence by the plaintiffs in the matter. There was some disclosure, but the material evidence which COLA needs to pursue its case has been withheld. Still, they are pressing on, and hoping that government agencies and functionaries will see fit, or at least get instructions to hand over documents which are critical to the case against Penner. The disgraced area representative’s first appearance in court in March was a mini-political statement, with family and supporters flanking him. But today there was no fanfare. Mike Rudon was in Belmopan and has the story. 

Mike Rudon, Reporting

At exactly eight fifty-five, former minister of state and current defendant Elvin Penner arrived at the Belmopan Magistrate’s Court. There was no political entourage with him and no red shirts trying to protect him from the camera, as we’ve seen before. His stop before Magistrate Aretha Ford was brief, and in about twenty minutes he headed back down. He refused to offer comment. He has not done so since the scandal broke in mid-September. He has been ordered to return to Court on July twenty-fourth for the substantive hearing, a process which is dependent on certain evidence being sought by the private prosecution.

Geovannie Brackett

Geovannie Brackett, President, COLA

“We believe that this is historical. You all know in the media the challenges that COLA has had in the different authorities that are holding evidence, whether it is the passport that has yet to come into the country. The Commissioner of Police is refusing to give us what he has at this point…he is in possession of the case file. And so we are calling on those authorities to work with us, to do your job that you’re paid to do.”

Kareem Musa, Attorney for Geovannie Brackett

“There is certain evidence that is in the possession of certain individuals, and those individuals have been covering up this very heinous crime that has been committed against the country of Belize. So we have been unsuccessful in getting that evidence. I am speaking specifically about the Belizean passport issued to Won Hong Kim. I am speaking about the immigration file concerning Won Hong Kim which the Auditor-General’s report confirms was taken out of the Immigration Department by the said defendant, Elvin Penner. I am speaking also of the Commissioner’s investigative file. As you know a writ of mandamus was issued, was ordered against him by the Supreme Court and he has to this date not delivered that file over to COLA or to the D.P.P.”

Kareem Musa

But even in the absence of the passport, the immigration file and the Police file, Musa remains optimistic. Section Thirty of the Summary Jurisdiction Procedure Act gives the Magistrate the discretion to order individuals who are in possession of material evidence to deliver it to the court. Musa says they will be relying heavily on that section.

Kareem Musa

“Even though the Commissioner may not want to deliver up the file…even though the passport remains in Taiwan…even though Mr. Penner is in possession of the immigration file for Won Hong Kim…I remain optimistic because there are sections of the law that we can rely on to still try to get those documents before the court because that is material evidence. That amounts in my opinion to obstruction of justice, and that’s material evidence that we will still try to get before the court.”

Attorney for Elvin Penner, Ellis Arnold, has asked that July twenty-fourth be the final hearing on the matter. It has been a challenge for COLA to even get this far…and there is public speculation that the matter will be thrown out even as it gets underway.

Kareem Musa

“It didn’t get struck out as quickly or else it would have been struck out the same day. I think that COLA has done an amazing job and I keep applauding them because they have kept the fire burning in this very important national issue. To the critics that say that I say to them that we are trying our best. We are trying our best. We are trying our best in the circumstances, in the situation where there is a clear case of a cover-up, so I don’t think that the Belizean public will chastise COLA for this, you know. It’s not COLA that is covering up this very heinous crime, so I don’t it would ever fall back on COLA for that.”

Geovannie Brackett

“To be honest people would understand and see that COLA had the testicular fortitude to bring this forward.”

There are also plans to subpoena specific individuals who can provide evidence on the Won Hong Kim/Elvin Penner matter before the court. Mike Rudon for News Five.