Last night, we told you about Day 1 of the Supreme Court case against Jose Abelardo Mai, the PUP Area Rep for Orange Walk South. He's being sued by cyclist Nissan Arana for the April 2016 accident which, Arana says, led to death of his mother, Julia.
As we told you, he was driving a Toyota Hilux which ran over the Trial Farm resident on the Belize-Corozal Road. She survived, but had a difficult 2 months of recovery, until her health took a sharp turn for the worst, and she passed away.
The Arana family says that Mai should be held responsible for the accident, which he rejects. The first day of the trial was all about the expert witnesses, and today, Mai himself took the stand for a marathon 5+ hours of testimony and a hotly contested cross examination.
The case was finally adjourned about an hour before the start of news, and we got a chance to speak to both sides. Both were confidently claiming that the case was going in in their favor. But we start first with the Arana Family's attorney. Here's what she had to say a short while ago:
Sheena Pitts, Attorney for Arana Family
"You were in there with me. You heard what was coming out and you've now learnt what our case is, that he is responsible. He had a duty to exercise care on that road and he did not. He did not stand up to examination and while I will not be quick because it only makes sense that I cannot be quick to count my chickens before the hatch, I will want to say cautiously that yes I do agree with you that the case is going good in relation to our position for him being liable to the injuries, damages, death to Miss Arana."
Reporter
"What now?"
Sheena Pitts, Attorney for Arana Family
"The judge has ordered us to come back here July 13th. That would be Friday and we make oral submissions then and so based on those oral submissions the court will hear us. I am not quite sure whether or not we will get a decision, but after the oral submissions by both of us then it goes to the determination of the judge."
We also got a chance to speak with Mai and his attorney, and here's what they had to say about how the evidence taking phase of the lawsuit had gone:
Julie-Ann Ellis Bradley, Attorney for Jose Mai
"With any accidents and there are motorists on the highway, there will be instances. The question that the court has to determine is where liability falls. The question about liability - liability can be full liability, a portion-ment of liability, but that is really a question for the court to determine having heard both sides and the court has heard both sides and now it will be for the court to determine when it listens to both sides what happens. Because the judge hasn't made a decision, I don't want to say how the court will find. That is something for the court to determine. I do believe based on the trial that we will be returning to the court for oral arguments. That is what court is for, each party brings their case forward and everyone has an opportunity and a right to do that and I believe that maybe because it might seem because of who Mr. Mai is which is what I gathered there is a play on that. It really is not."
"Regardless of whether you are a politician, whether you are an ordinary citizen that is going about your daily business you still have the same rights and protections under the law."
Reporter
"Do you feel reasonably confident having gone through the phase that you will be able to defend against this particular claimant?"
Julie-Ann Ellis Bradley, Attorney for Abi Mai
"This is what the court is for. A defense has been mounted. There is a claim and there is a defense and the claim is saying that Mr. Mai's entirely at fault for the accident and like with any motorists who is faced with something in the agony at the moment where something happens suddenly then you have to react and the law has a way to deal with that."
Hon. Jose Mai. Defendant
"I have absolutely no fault in the accident. It was unavoidable. I did what I could have done. I was not speeding. I was not under the influence of any substance and I maintained that. Of course I have to sympathize with the family and the loss of loved one, but it's something that I could not have avoided. If I could have avoided I wouldn't have been here today. It's not a nice thing to knock down someone on the highway. It's not an animal, it's a human being."
The two sides return before Justice Courtney Abel for oral submissions, after which the case will be decided by the judge. We'll keep following it.
