The case of Caribbean International Brewery's 3.1 million dollars continued in the Orange Walk Court before Magistrate Deborah Rogers today. Attorney for the brewery, Dean Barrow is trying to get they money returned to his client, and today the FIU brought in a high flying legal eagle to protect their position. Godfrey Smith is now the lead counsel for the FIU. Jules Vasquez was at the courthouse today as the FIU started presenting witnesses, led by the police inspector from the Anti Trafficking in Persons Unit. Barrow pressed him to establish that there is no case for money laundering - and no proof of human trafficking.
Here's the report:
Senior Counsels Dean Barrow and Godfrey Smith with a total of 3 junior attorneys crowded into the Orange Walk Magistrate's Court today. It's a big case in a little courtroom - and we spoke to both outside:
Jules Vasquez
"What do you make of the fact that the FIU has now retain senior counsel we have in a tiny Orange Walk courthouse two former attorneys' general?"
Dean Barrow, SC, Attorney for CIB
"Well, I believe the FIU, while I did not succeed in my original objection - took warning from that and figured it's better to get somebody of Mr. Smith's standing, because I believe they recognize they are facing some very serious, not to say meritorious objections."
Jules Vasquez
"Your presence here an indication of how seriously the state takes this matter that they've retain outside counsel, senior counsel."
Godfrey Smith, SC
"As I am sure you are aware, Mr. Vasquez, the United States government really, the hackles go up in relation to human trafficking. As you are aware Belize and many countries in the world are put on a list of not taking these things seriously. So, in addition to the regular Belizean domestic landscape, there is also that other landscape where on the international scene, the way you treat with cases of human trafficking is carefully scrutinize and repercussions flow from that. So, yes, obviously its a case that the state must take seriously."
This morning, Barrow cross examined Inspector Gian Young at the Anti Trafficking In Persons Unit who found the 3.1 million dollars in two safes. Barrow says the FIU ran out of time to hold his client's cash within 3 days of the seizure:
Dean Barrow, SC, Attorney for CIB
"72 hours had already elapsed and so the continues detention by the police/FIU of the money was unlawful."
Jules Vasquez
"So you are saying right now that your clients should have their money?"
Dean Barrow, SC, Attorney for CIB
"Absolutely. And there is nothing in my submission that can be led to defeat their right. As you say looking at the merits, there is no causal connection. The inspector admits he did not have any suspicion of money laundering. He thought the proceeds were derive from 14 Chinese being trafficked. There is nothing to show that these people were being trafficked in any event."
Godfrey Smith, SC, Attorney For FIU
"This case is not proof or innocence of money laundering or any other crime. This case is simply an application to hold unto seize cash for 3 months pending investigation. What is detest? What must the applicant satisfy the magistrate of? simply that there is reasonable suspicion that the cash is related to a criminal offence. But we feel confident that at the end of the day we will be able to satisfy the magistrate that there was reasonable suspicion, not belief, not proof, reasonable suspicion."
And while the money is held, Barrow says his client is trying to keep its doors open:
Jules Vasquez
"How is your client continuing their operations? I imagine their cash flow is affected. It seems they run a cash business..."
Dean Barrow, SC, Attorney for CIB
"Its principally cash sales, but what they said to me was that they will have to borrow money and pay whatever interest whoever will lend them the money charges, so that they can continue, because I've told them that in order to do justice to the matter, we can't expect, you heard the magistrate. Even if we finish with the case proper on Wednesday, she won't give a decision until maybe a week after and I'm not even certain that we are going to finish on Wednesday, so if they wait for the money to be returned in order to continue with their business, they are going to be in really bad shape. So, they are trying to make arrangements to continue, not to have the business closed down while they await the decision here and possibly in the supreme court. If depending on what the magistrate does or does not do."
Godfrey Smith, SC, Attorney For FIU
"We are satisfied as I said that the seizure was lawful and that there is grounds for the magistrate to rule that the money ought to be detained for 3 further months pending investigation. I noted that in earlier public communication on this matter, the Caribbean Brewery International mentioned that the reason for the stash of cash was because the banks would not allow for any deposits for more than $50,000 and obviously we would have gotten information through the FIU that in fact that is not the case. As you are aware the FIU has certain powers to request banking information and so on and so we intend as this case develops to demonstrate that it's a complete lie"
Smith did his examination of the witness this afternoon and the case resumes on Wednesday when another police officer will take the stand. If it finishes on Wednesday, Magistrate Rogers has indicated that she will give her decision by the following Thursday.
Whichever way that goes, right now the smart money says that this case will likely be appealed up to the Supreme Court.
As for the 8 Chinese and one manager who were detained at the factory for immigration offenses - the Brewery's other attorney, Dickie Bradley got bail for them at the Supreme Court on Friday in the amount of $7,500 each with strict conditions.
