P.U.P. gives the ComPol an ultimatum to criminally investigate Elvin Penner

The Elvin Penner fiasco broke back on September nineteenth, but except for administrative investigations in the Nationality and Passport Sections of the Immigration Department, there has been no criminal investigation. But now, the People’s United Party has issued a rare ultimatum to Commissioner of Police, Allen Whylie. If Whylie does not commence a criminal investigation into the role of former Minister of State Elvin Penner in the Won Hong Kim passport scandal, the P.U.P. will initiate judicial review proceedings against him. In a six page document, the Party lays out the case against Penner, including background and relevant evidence including public addresses and Penner’s own much publicized email. The document also lays out the relevant sections in the Belize Nationality Act and the Passport Act, and explains what was done to contravene those sections in the relevant Acts. It’s a very comprehensive letter and a significant legal hit on Elvin Penner via the Commissioner of Police. Today the P.U.P.’s legal advisor, Anthony Sylvestre, held a short briefing at which he explained why the P.U.P. decided to go this route. According to Sylvestre, both the Prime Minister and the Minister of Immigration have indicted Penner in public addresses and media interviews and should be questioned in a criminal investigation. And besides, says Sylvestre, Penner incriminated himself in a legally admissible email in which he outlines how he broke the law. The P.U.P. wants an investigation and the prosecution of Penner.

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Anthony Sylvestre

Anthony Sylvestre, Legal Advisor, P.U.P.

“Penner himself actually sent out an email which he later confirmed was sent by him in which he detailed his role in taking or going along with some individual who at the time he thought was Kim but later on realized that the individual was masquerading or pretending to be Kim. Very simply…by him admitting that he would have committed an offence under the Passport Act – Section three one (h) in particular. If I may I can read that very quickly. That section of the Passport Act states that every person who in respect of every passport, without having actual knowledge of the applicant for a passport, makes any declaration verifying the declaration of such applicant or vouching the fitness of such applicant to receive a passport or makes any such declaration merely on information obtained from the applicant or any other person commits an offence. You don’t have to be a lawyer or even a first year law student to realize from the factual matrix that has been playing out in the media as well as what Penner says in the email that he would have signed the declaration without confirming for himself that the person he is signing for and who he is vouching for is in fact Citizen Kim. In fact he so says in his email. He thought it was Citizen Kim but it was somebody else. So clearly he would have signed that declaration without him being able to verify for himself the true identity of the person. That is an offence under the Passport Act.”