7 News Belize

Orel’s Interesting Constitutional Challenge
posted (June 4, 2019)
In November of last year, we told you about the start of the first ever lawsuit in Belize, where a former prison inmate is suing the Belize Central Prison. The claimant is 30 year-old Orel Leslie, a resident of Belize City, who claims that he was subjected to several months of ill-treatment at the hands of the prison authorities while he was on remand awaiting a retrial for murder.

He is claiming that his stay at the prison was inhumane, and that the conditions under which the authorities kept him in 4 separate prison cells were a violation of his constitutional rights. Leslie detailed in his claim that the prison cells were not only uncomfortable, but in some instances, they were unsanitary. He claimed that he and fellow inmates had to share a slop bucket, which was left in the cell with them for hours. He said that the foul odor of human waste, was often unbearable, since it was emptied about once a day.

That's one of several examples he and his attorney, Audrey Matura, have provided the court to convince him that Leslie's time at the prison was inhumane. At this time, the judge is listening to oral submissions from the attorneys for the claimant, and the defendants, which includes the Government of Belize, and the Kolbe Foundation, which runs the prisons. Leslie's attorney was the one making legal arguments to the judge for the entire duration of today's hearing, and Justice Courtney Abel rigorously questioned her about different aspects of their case, and why he should rule in their favor.

In 3 weeks time, she'll finish up, and then, Crown Counsel Agassi Finnegan for the Government and attorney Phillip Zuniga for the Kolbe Foundation, will both get their opportunity to refute Leslie's claims.

This evening, after over 5 hours of back and forth between, attorney Audrey Matura and Justice Abel, Matura granted us a brief interview discussing the case so far. Here's what she had to say:

Audrey Matura, Attorney for Claimant
"This is a case that is novel. None has been done in Belize before, so we have to take our time and go through the process, so the judge is right to ask us to give written submissions. All of us have written submissions; the claimant and all the defenders. This is oral submission stage. This is our second day of oral submissions. There will be a third day and basically the judge and the court needs to be guided so he ask all these questions, so that when he writes his decision, he would have heard what our very is and then he will hear what the defence version is and then he will come a conclusion. Its not a fast and easy case. It has taken some time, but fortunately the claimant is out, has been out of remand. He has not been convicted, he is free, so it would have been different if while the person is still in prison all of this is still taking long. It doesnt mean that we dont want to do it as quick as possible, but te judge is saying we need time to go through every step. You were in court today so you heard the questions he is asking. You heard the hurdles we have to pass. This will be a case that sets precedence and we have the written submissions of the defence, but we havent heard yet what else they will say, because written submissions is just a guide. When you come and you argue, thats the substance of it and it also gives an inclination what the judge wants you to help him understand. He aks like in a way like a devil's advocate. He is pressing you to give questions either way. He does that to all parties so that he gets a clear understanding of what we are claiming and what the defence are claiming."

Justice Courtney Abel had adjourned this case until June 28th.

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