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Dec 8, 2003

Witness a no-show at court martial

It was scheduled to resume today, but when News 5 arrived at the George Price Centre this morning we were told nothing would be happening until tomorrow. So what happened to the resumption of the Court Martial of three Gurkha soldiers charged with violent disorder? Well, from what the court officer, Lt. Colonel Jim Bond told News 5, there was a “problem” today with some of the Belizean witnesses who were scheduled to begin testifying this morning. He said it was hoped the difficulty could be resolved tomorrow, so that the proceedings could commence. However, News 5 understands that if any of the Belizean witnesses refuses to give testimony again, they cannot be compelled to do so since there is no arrangement with the Belizean government, which would give the British Army court this authority. Viewers will recall that the court martial, which began in November, had only run a few days when it was discovered a juror had contact with a witness. The board was immediately dissolved and a new jury was flown in this weekend from the United Kingdom. Although four witnesses, Eugene Zabaneh Jr., Said Musa Jr., and two security guards employed by Raul’s Rose Garden had already given their testimony and been crossed examined last month, all of them are expected to present their testimony once again in the presence of the new jury here in Belize. The court will then be suspended for the holidays and resume in the U.K. with the testimony of two British and six Gurkha soldiers. Fourteen-year-old David Zabaneh died of injuries sustained during a fight with Gurkha soldiers at Raul’s Rose Garden on May tenth 2001, but there was not sufficient evidence for anyone to be charged with murder.


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