Last night, you heard Police Commissioner Chester Williams comment that 33-year-old Ramiro De La Rosa, a family man from Cayo District, will have to get a lawyer to appeal his conviction for a gun charge. He's the resident of Duck Run 2 who reluctantly made the ill-advised decision to plead guilty to the firearm offense because he was trying to free his wife as a caregiver to their 2 young children.
Well, he has an attorney now; Orson "OJ" Elrington has stepped froward to seek an appeal on his behalf. This evening, we spoke via Zoom with Elrington who told us that he is in the process of applying for an appeal and a stay of execution so that Ramiro isn't sent to jail after leaving the hospital:
OJ Elrington - Attorney for Ramiro De La Rosa
"It is a most regrettable situation and for that reason, my firm is going this matter on the basis of pro bono and indeed I believe most of Belize knows the story at this point that my client Mr. Ramiro De La Rosa was unfortunately arrested on July 2nd and thereafter was sentenced later in that day to 3 years imprisonment by the magistrate. There are number of circumstances surrounding the sentencing, which we will challenging before the court. The first that comes, apply for a stay of execution, you have to apply for an appeal and so we have applied for an appeal of the decision of the magistrate but that appeal will be heard by the supreme court, however the application for the stay of execution meaning for him not to go to jail, the 3 year sentence to not begin as yet, we must apply for leave and stay of execution from the very judge who rendered the judgement, so that application is heard before the magistrate. The problem is right now is the magistrate court here in Belize City is closed and the magistrate court in San Ignacio is similarly closed, so we are in a peculiar situation where none of the courts are currently open and will not be open until Monday and so it our desire and it our hope that we can try to get some type of emergency hearing at some other venue. There are 3 orders that we are applying and the first of those orders is that the appeal be allowed, and the decision of the trial magistrate be vacated, and the defendant found innocent. Second and alternatively is that the appeal be allowed, and the decision of the trial magistrate be vacated, and the matter set for a retrial and last but not least the alternative that the appeal be allowed and the decision of the trial magistrate for a custodial sentence be vacated, and a nominal fine be ordered in lieu of the custodial sentence."
We'll keep following the case as it progresses.
