7 News Belize

Penner The Prevaricator?
posted (May 10, 2017)

Today was the most anticipated day in the Senate Hearings on Immigration so far.  That’s because Elvin Penner, the disgraced former UDP Immigration Minister of State, took the stand to talk for the first time to talk about Citizen Kim, and all those irregularities that happened while he roamed the corridors of the Immigration Department.  

It’s been 3 and a half years since the scandal broke, and Penner’s political fortunes tumbled, but through it all, he has maintained a determined silence. So, today was his first time he would speak, and answer the tough questions about whether he acted in a corrupt fashion.

But rather than being freely forthcoming, Penner made it clear from the start that he wasn’t willing to discuss his central role in the Citizen Kim debacle. 

Here’s his opening statement to the Senate stating plainly that questions on Citizen Kim were off-limits:

Elvin Penner - Former Minister of Immigration
"On the 27th of March 2014 I was summoned to appear in the Belmopan magistrate court. Both charges were related to the application of South Korean national Wong Hong Kim. The matters proceeded to trail on the 24th of July 2014 and I was found not guilty of the charges. The decision of the learned magistrate was appealed by way of inferior court appeal number 81 of 2014 where the Honourable Chief Justice Kenneth Benjamin presided. The appeal was dismissed and the learned Chief Justice affirmed my acquittal. Having duly been acquitted by a companied court of Belize the Wong Hong Kim episode is to audit as a close chapter as all lawyers would say res judicata and I will not be responding to any questions relating to that issue or to any related issue which could have been the subject of the criminal prosecution that concluded on the 24th of July 2014. In addition the privilege provided under section 60 sub-section 1 of the evidence act chapter 95, the laws of Belize will also be relied upon in regards to certain portion of my testimony if appropriate, this provides protection against self-incrimination. Having made out the rights and privileges afforded to me under the law I am now prepared to furnish a response to any questions that are legally permissible and questions that are relevant to the findings of the Auditor General's special report period 2011 to 2013."

Hon. Aldo Salazar - Chairman, Senate Select Committee
"I do not feel that you can pray in aid of that privilege and that it prevents you from having to respond to any of the questions pose to you here today related to the Wong Hong Kim matter or any other matter which is the subject - which is referred to in the report of the Auditor General. So in my view the only legitimate reason for you to refuse to answer any question is whether it is not a matter which is the subject of this inquiry and even in that case I may already know the answer of that question, if it is in my opinion to do so. It is my obligation to put all the questions to you which I intend to do, your refusal to answer that's a decision for you. I've already stated why in my view you cannot claim any constitutional right not to answer."

Elvin Penner
"I've gotten very competent legal advice before coming here and I will stick to the advice of my legal attorney."

Hon. Aldo Salazar
"I disagree with the view of your counsel; I disagree with what you have said. Even if there was a privilege afforded to you against self-incrimination, you yourself have said its res judicata; so you run no risk of any criminal proceeding being brought against you in this same issue."

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