He may be languishing in a Guatemalan prison - but Joseph Budna got a glimmer of hope on Monday when Justice Martha Alexander gave a strong decision supporting his claim for violation of his constitutional rights. She rejected a strikeout motion brought by the Attorney General's office and said, in essence that his constitutional claim against the government raises strong points and must be heard.
She said, quote, "The dispute is a live one that remains to be answered by the State" and urged, quote, "this matter can benefit from full ventilation at trial."
Today, we got a chance to speak to Budna from his prison in Guatemala City where he expressed satisfaction with the judgement but says he still wants the persons responsible behind bars:
Voice of: Joseph Budna, In Guatemalan Jail
"It brings a peace of mind when we hear the lord judge rule in this manner. It brings a peace of mind but however, it is not, it's just the beginning."
"It keeps bothering me in terms of the law enforcement officials in Belize such as the Prime Minister, the Minister of Police, Mr Oscar Mira, the Chief Executive Officer Mr Bennett and all these high-ranking government officials which are supposed to be pushing to solve a kidnapping of a Belizean citizen."
"Nonetheless, it brings a peace of mind that I know that a judge sitting down is ruling in this, at least acknowledge, who want to believe that something had occurred here. And not something, a lot of things had occurred here. I took hours of brutal beating, gun-butt, I cyaah walk good right now Jules, my hips are hurting, you know?"
"These people cannot see what had happened to me? They don't see the video footage?"
"I don't know why the government does not accept its responsibility and bring this to end, and get me back to Belize. You know I hadn't kill anybody in Belize. I hadn't committed the crime that the Prime Minister say I am a pedophile and I have done this, and I was molesting young boys. If you had evidence of that then you should arrest and charge and take me before the court."
"But because you know that the main factor of my kidnapping and disappearance from Belize is because I was exposing the corruption within the government of Belize."
Jules Vasquez
"The judge said the claims raises a serious and live issue of constitutional breaches by state actors. ln the present context, I harbour no doubt that this is an appropriate case to move forward and that Mr, Budna ought not to be deprived pre-emptively of his right to a trial, In fact, I find that there are reasonable grounds for bringing the claim and for asking the Attorney General to defend it."
"What is the outcome that you want from this?"
Joseph Budna, In Guatemalan Jail
"The outcome that I am looking at is those players that are responsible for my kidnapping to face the justice system and to be sent to prison for what they have done to me."
"So far it seems that justice is heading the correct direction and I applaud and pray to the good Lord that our justice system does not condone wrong doing and continue to do the right thing. So that is something that have me at ease."
Legal observers tell us that based on the strong language in the decision - government would be wise to seek a settlement with Budna.
We asked the Attorney General about it today and he told us, quote, "We are still in the early stages of the case. The government has been given until 9 June to file its defence."
