And in other Joseph Budna news...
back in September, Joseph Budna retained attorneys Arthur Saldivar, Michelle Trapp and Emmertice Anderson to bring a lawsuit against the government - particularly the now former Minister of Police, the Commissioner of Police, the Attorney General and 8 other persons, including police officers.
Well, those proceedings began today. Attorneys Samantha Matute and Jorge Matura, who represent the Attorney General and Minister Musa, filed an application to strike out the case. But, there was a procedural delay because while the electronic version was served, the hardcopy wasn't.
So the judge gave them up to 4:00 this evening to serve the hardcopy. The claimant's attorneys must then file and serve a response by 26th of November.
While Trapp and Anderson appeared virtually, we asked Saldivar what he thought about the early application to strike the case out.
Arthur Saldivar, Attorney
"We know that the government, the respondent in the matter will do everything in its power to either extend this over a large period of time or attempt to do whatever they can to have it die a quick death."
Reporter:
"Do you consider that the case will be impacted by the fact that a police investigation, well, one supposedly been concluded but no one has been found accountable for the kidnapping."
Arthur Saldivar, Attorney
"Well, I believe this is one of the basis on which one of the applications is coming forward because given that the state has deliberately concealed and avoided disclosing information, they want to use that as a basis to say the speculation on the part of the claimant in respect of some of the persons who have been identified as parties in this matter. But it is for us to argue that before the judge how that can be circumvented or remedied and I do believe it can so that the scheme of keeping information away from the public should not act as a shield for them not to be able to answer what has been brought to the court for the court to seek redress for."
"We do not have any legal mechanism at this time for an independent investigation, we would want one certainly. We know that legislation can be drafted rather quickly and we would implore the administration to canvass and consider that route but in so far as the DPP is concerned, I believe this should have gone to the DPP from the onset, I believe if it went to the DPP in the initial stage on the 23rd of August after the incident occurred there wouldn't have been as much furor over what has transpired since but it's too late now to put the genie in the bottle, it's already out. So at the end of the day we can see and appreciate that there is a deliberate attempt to cover up but again whether the minister is a hardliner or not, those are your words, I will not adopt that, I will say the matter is for the court."
And the media also asked Saldivar about his client and why they have decided to bring this lawsuit against the government.
Arthur Saldivar, Attorney
"As it relates to Mr Budna, there were a litany of constitutional infractions that he was subjected to in getting him over to Guatemala but it is accepted that there was conviction in Guatemala for which he is serving time. That said, it does not in any way negate his right so seek redress in these courts. Not only in so far as it relates to him personally but the principle in which it is all founded. You're talking about the most sacrosanct right of an individual, the right to liberty, the right to due process, the right to be afforded treatment that is not inhumane and torturous. All these things were visited upon a citizen in an effort to get him over to what is enemy territory, Guatemala, so where that could have been done by legal means and wasn't, that is why this matter is really important and this is why Mr Budna is seeking to have his day in court."
Written submissions are expected to be filed by 19th of December and oral submissions will be heard on the 22nd of January.
