A week ago, we showed you the arraignment of 43 year-old Dion Zabaneh, and his mother, 73 year-old Primose Gabourel, at the Magistrate's Court.
The Department of Environment charged them with 4 offenses for Parcel # 4670 in the Buttonwood Bay Area of Belize City. If you've been keeping up with the news for the last few weeks, you'll know that this property has been a subject of dispute between Zabaneh and the Department for about 13 years now. This 1.3 acre parcel is on the seabed, and for the past few weeks, Zabaneh has been filling it up, at a torrid pace.
The DOE has attempted to stop him multiple times - and it culminated on Friday January 25th when the DOE went to the property with the GSU to enforce their stop order. Zabaneh assaulted and cursed the environmental officer in a video that was seen nationwide.
And, then, last week Wednesday, the Department dragged them before Senior Magistrate Aretha Ford for 4 several environmental offenses: filling the seabed at lot 4670 in Caribbean Shores without signing an environmental compliance with the DOE; failure to comply with a DOE enforcement notice issued on January 18; and failure to comply with an enforcement order to remove all material dumped on lot 4670. Zabaneh was separately charged with assault and obstructing or hindering a DOE officer in the execution of his duty.
Their attorney Emil Arguelles, raised multiple procedural errors with these charges. The case should have continued today, but quite unexpectedly, Senior Magistrate Ford informed Zabaneh and Gabourel that the Department was seeking to withdraw the offenses. We've seen a letter dated February 5th, in which the Chief Environmental Officer, Martin Allegria, wrote to the Senior Magistrate asking for all charges to be withdrawn. That's what the Senior Magistrate attempted to do today, but instead, Arguelles, the attorney for the defendants, asked the court to dismiss the charges instead. He sited portions of the Criminal Procedure Rules which gives the Magistrate the authority, and after consideration, Senior Magistrate Ford agreed and dismissed the offenses.
So, just like that, this latest bout between the Department of Environment and the Zabaneh families ended rather abruptly. While they were exiting the court room, we approached Arguelles for a comment: Here's what he said:
Emil Arguelles - Attorney for the Defendants
"Regretfully, the DOE has withdrawn the charges, and we were hoping for an opportunity to prove and show that in this matter, DOE approval was not even required in the first place. Nevertheless, they have applied for permission, and the response was, prior to this case that - prior to the decision today that there is a pending matter before the court. That pending matter is now withdrawn, and we'll wait to see what other excuse DOE might come up with now."
Daniel Ortiz, reporter
"So, as far as you're aware, are your clients able to progress as they please with their property."
Emil Arguelles
"That was their opinion from the beginning. In effect, it was their opinion that DOE approval was never required in the first place."
Daniel Ortiz
"Now sir, why was it important that you sought the Senior Magistrate's action to dismiss the charges, in stead of them being withdrawn?"
Emil Arguelles
"That was just to secure additional legal strategy that I prefer not to explain at this point in time."
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