7 News Belize

Bail for Minor, Attorney Explains Why
posted (June 19, 2019)

A post mortem conducted this morning showed that the minor died of multiple blunt force traumatic injuries, to her head and body.  

The 15 year old Guatemalan driver has been charged for manslaughter by negligence, causing death by careless conduct, drove motor vehicle without a driver’s license, and drove motor vehicle without third party risk insurance, drove unlicensed vehicle, and drove without due care and attention.

So, he had no license, and the vehicle - a 2011 Toyota Land Cruiser -   

had no license or insurance, but today in court the Belmopan magistrate showed him leniency and granted bail.

We asked his attorney Hurl Hamilton why:

Hurl Hamilton - Attorney for Accused Minor
"The arraignment was this afternoon and the magistrate was mindful in granting the minor bail in the sum of 10,000 dollars or 5,000 dollars and 2 sureties."

Reporter
"Sir what was taken into consideration reason given for this bail?"

Hurl Hamilton
"Well, I would want to think that what was taken into consideration is that the defendant is a minor and when we're dealing with minors in Belize it's so unfortunate, there are 2 minors involved and when there are minors involved, the court is more likely to grant bail when minors are involved."

Reporter
"Sir as I understand it, this minor is a Guatemalan National. Did the magistrate did not consider that he might be a flight risk?"

Hurl Hamilton
"Yes the magistrate took that into consideration but in relation to this minor, his father has substantial ties in Belize. As a matter of fact, the minor is coming to Belize to reside; he has been enrolled in a school in Belize. So, all indications are that the minor was coming to live with his parents in Belize."

Reporter
"Sir, can you say if he had recently entered the country?"

Hurl Hamilton
"Yes, he has recently entered the country."

Reporter
"Was the seriousness and again the public outcry where this situation is concerned. Was that even taken into consideration? And does the magistrate take things like those into consideration before granting bail?"

Hurl Hamilton
"I would want to think so. I would definitely would want to think so. As you watch the amount of bail, what was the amount. The magistrate in my opinion, definitely took into consideration the seriousness of the offence but the magistrate also took into account the presumption of innocence and given that there is a minor involved. I must say that the incident is very unfortunate, it's a very unfortunate incident and I would be the first to sympathize with the family of the minor who has died but we have to go by the laws of Belize. We don't know what occurred that day and if anything amount in law. So we have to give the process a chance."

A condition of his bail is that he must surrender all his travel documents to the court.

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