During the news last night, the PUP sent a press release saying that Attorney Edwin Flowers had written to the Commissioner of Police Allen Whylie asking him to arrest Elvin Penner for passport fraud before March. That's because in March the six month statute bar will come into effect since the fraud was allegedly committed in September when Citizen Kim got his passport.
The letter from Flowers is 6 pages long - and at some length it makes the case that Elvin Penner confessed to passport fraud in that famous email he sent to the media in October of 2013. Flowers argue that his letter amounts to a confession which is admissible under the electronic evidence act.
The specific section of the law is section 3 of the passports act, which applied to this case, basically says that Penner didn't actually know Kim Wong Hong, so he should not have vouched for him. At a press briefing today, the PUP's legal advisor explained:..
Anthony Sylvestre, PUP Legal Advisor
"You don't have to be a lawyer, you don't even have a be a first year law student to realize from the factual matrix that have been playing out in the media as well as what Penner says in his email that he would have sign the declaration without confirming for himself that the person who he is signing and vouching for is in fact Citizen Kim. I mean, in fact he so says in his email that he thought that it was Citizen Kim, but it was someone else, so clearly he would have signed that declaration without him being able to verify for himself that the true identity of that person. That is an offence under the passport act. It is clear to all on sundry that an offence has been committed, but none of us can actually go and charge or lay charges against Mr. Penner, so we therefore have to urge the relevant and appropriate authorities which is the police department."
"It's not as though the Belizean public are on a witch hunt with respect to Pener or the persecution of Penner, but we just wish to simply see that the rule of law is applied as is the case that the criminal law is applied every day to persons who may not have the connection or may not be in the high standing as Elvin Penner."
The letter - which was sent yesterday, February 10th - gives the commissioner of police 7 days to answer. If he does not, the PUP will go to the Supreme Court asking for what's known as a "Writ of mandamus" which would basically compel the Commissioner to lay charges against Penner. That is, of course, pending the court's agreement, which is far from guaranteed.
The PUP has also sent the letter to the social partners inviting them to join in the action.
We could not reach commissioner Whylie for comment.
