Hertulars lose Privy Council Appeal

The Judicial Committee of the Privy Council has denied an application by two Belizean men to have their ongoing trial in connection with one of the biggest drug busts in Belize restarted. Hadrian and Robert Hertular are being tried for a May 2001 drug seizure during which Belizean law enforcement authorities confiscated two thousand, five hundred and fifty-four pounds of cocaine with an estimated street value of thirty-five million Belize dollars. The Hertulars claim Chief Magistrate Herbert Lord erred when he allowed a trial within a trial regarding the admissibility of statements the defendants allegedly made to the police while they were in detention. They first applied to the Supreme Court for relief, trying to get the high court to have the case stopped and heard anew before another magistrate. But Chief Justice Dr. Abdulai Conteh ruled that Lord did nothing wrong and had adopted a proper procedure in holding the voire dire. Not satisfied, Attorney for the Hertulars, Lionel Welch, took their case to the Belize Court of Appeal which upheld the Chief Justice’s ruling. On Thursday, the Law Lords considered the Hertulars’ application for relief, but they too dismissed the request, upholding the lower court decisions. With their appeal process now fully exhausted, the drug trafficking trial of the Hertular brothers is now free to proceed before Chief Magistrate Lord. But while that case is about to resume, Robert Hertular has additional troubles to worry about. The U.S. State Department is seeking his extradition to stand trial for a number of offences including conspiracy to export drugs to the States and threatening the life of a D.E.A. agent. A release from the office of Solicitor General Mr. Elson Kaseke, who represented the Government of Belize at the Privy Council hearing, says that the extradition proceedings against Robert Hertular will proceed next week.