Next - we go into our archives to give some important historical context to the events of the past week, what we have called the extrajudicial extradition of Joseph Budna. Budna is in a Guatemala City jail tonight - and he says Belize police handed him over to Guatemalan police in Arenal.
If he was indeed delivered to a foreign law enforcement agency by the police - it's not the first time such a thing has happened. In April of 2003, local gang leader and alleged Kingpin George Herbert was taken from his home by Belize police - under the order of then Commissioner Carmen Zetina - and taken to the PGIA where he was delivered to the DEA who flew him out of the country on a waiting plane.
Herbert's family retained the then leader of the opposition Dean Barrow as its attorney and he successfully argued before then chief Justice Abduqi Conteh that the Herbert handover to the DEA was nothing less than state sponsored kidnapping.
Here's our coverage of that decision from our October 24, 2003 newscast:
Carla Ayres, 7News Anchor
Chief Justice Abdulai Conteh forcefully scolded the government of Belize for the illegal extradition of George Herbert, who was handed over to the DEA in May and now faces major drug charges in the USA.
The Chief Justice declared that the constitutional rights of Herbert were violated when he was unlawfully expelled from his country of origin. But more than that, Conteh said the government was responsible to get him back to Belize.
Dean Barrow, George Herbert's Attorney
"Chief Justice has said that what happened is inexcusable and intolerable. You can't act in this oppressive, high-handed, unconstitutional, undemocratic fashion. You can't violate rights, no matter who is involved."
"And any Belizean citizen, no matter who he or she may be, is entitled to the protection of the constitution of this country. And any government of Belize must respect the constitution and the fundamental rights of all citizens."
"The whole case proceeded on the basis that there was only one person responsible, and that is the Commissioner. So both in terms of the remarks made in the course of the Chief Justice's judgment, and this particular order - How shall I say it? I certainly wouldn't want to be in the Commissioner's shoes."
The state was ordered to pay 35 thousand dollars plus interest to the Herbert family. No sanctions were ever taken against the former commissioner of police Zetina - and Herbert pleaded guilty to drug trafficking in the US and served 21 years in prison.
