7 News Belize

Another Testy Day In Court For Mayor Bernard Wagner
posted (October 3, 2019)

The marathon cross examination of Belize City Mayor Bernard Wagner concluded today in the Supreme Court before Justice Courtney Abel.

The mood in the courtroom was contentious as the Mayor and the attorney for his former city administrator Magali Perdomo clashed many times.  And, occasionally, their exchanges - which should be confined strictly to questions and answers - became argumentative.  At one point, in exasperation, Perdomo very audibly sucked her teeth at the mayor; she felt he was stonewalling.

It made for great political theater - but did it advance the case of former city administrator Candice Miller?  Perdomo tried to prove that Miller had been wrongfully terminated - and was effectively blocked from performing her functions as administrator.  The mayor repeatedly refuted her claims, and the air in the courtroom was palpably hostile.  

Her cross examination of the mayor finished this afternoon - making it a total of a little over five hours that he had been under cross examination over two days.  It was a grueling back and forth - and when it was his turn to re-direct, the mayor's attorney Anthony Sylvester spent a mere 20 minutes clarifying some of the mayor's major points.  He focussed mainly on the former city administrator's failure to urgently notify the mayor of a pending million dollar default judgement.  The mayor says he found out about it when judgement had already been entered.  That, Sylvester argued, constituted gross negligence and grounds for dismissal.

This afternoon at two, both sides launched their closing submissions.    It was a robust, often withering exchange with Justice Abel who broke down and tore apart the arguments made by both Perdomo and Sylvester.  At the end of it, Sylvester seemed to get the worst  of it - since the judge seemed unconvinced that he had proven that Miller was grossly negligent. Still, Sylvester was game enough to give us an interview outside the courtroom:

Anthony Sylvestre - Attorney for Mayor Wagner
"It was a riveting 3 days and so we await tomorrow and see what will be the outcome. We put forward our case and we await the judgement, we don't want to pre-amp anything."

Reporter
"Sir, do you believe that you guys were able to prove that Ms. Miller did not do what she was supposed to do and that her actions were dereliction of her duties?"

Anthony Sylvestre
"As much as I'd want to answer your question, you do recall and the judge is deliberating on those same issues and so, as much as I would want to comment, I will have to leave whatever comment on the actual verdict and outcome of the case and the facts of the case until tomorrow."

Jules Vasquez
"Do you concede that you stand on a weak wicket based on the judge's withering review of your 3 grounds for dismissal?"

Anthony Sylvestre
"I would not agree to your characterisation but I know Jules, you always have a very articulate way in which to characterize things. So I will talk to you tomorrow, we will have to wait and see."

Both sides have been instructed to work together to arrive at damages - observers expect Justice Abel could announce a verdict as soon as tomorrow.  

What's at stake? Well, Miller is claiming half a million dollars in damages and payment for the wrongful termination of her fixed term contract. Abel already indicated he will not agree to that.

And the council has a million dollar counterclaim against Miller - saying that her dereliction of duty left them with a million dollar judgement outstanding.  Justice Abel thought very little of this since it has not been assessed - and told Sylvester plainly, quote, "there's nothing there."  We'll see how it goes tomorrow. 

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