On Tuesday, we took you back to Belmopan for the continuation of the murder trial of William "Danny" Mason, and his co-accused, Ashton Vanegas, Keiron Fernandez, Terrence Fernandez, and Ernest Castillo.Â
After months of long hours, Justice Antoinette Moore has listened to the evidence from the prosecution, led by DPP Cheryl-Lynn Vidal, alleging that these 5 men all played a role in the 2016 beheading murder of Pastor Llewelyn Lucas. The only thing left is for Mason to close his case, which then triggers closing arguments from the DPP and all the defense attorneys.Â
But, the problem right now remains that Mason hasn't closed his case. He wants to call a US Embassy employee to testify on his behalf. But, because this witness is not in Belize, the court has to jump through a lot of diplomatic hoops to get the US authorities to make this witness available.
It has now caused a 3-week delay, and when the trial resumed this afternoon, Justice Moore told the accused and their attorneys that Belize and the US have already exchanged diplomatic notes on the issue. But, they can't give the court an exact time that the witness may be made available. The best guess is that it could take another 7 to 10 days, though that is not certain.
So, when the judge asked Mason's attorney how they would like to proceed, she told the court that she and Dexter Todd, Mason's lead attorney, have agreed that if the witness was not available by tomorrow, they are prepared to close their case. The judge attempted to confirm with Mason that this was what he wanted, and he then asked for a few minutes to confer with his attorney.
When the case resumed, Mason told Justice Moore that, after speaking with his attorney, he was prepared to agree to close his case without the court hearing from this witness. After consideration, Justice Moore explained to him and the attorneys that she is hesitant to abruptly move on to the closing arguments. She wants to ensure that Mason was given a fair opportunity to defend himself. So, given the work that has been done both the Belize and US Governments to get access to his witness, and the fact that the court has already waited 3 weeks to make it possible, she has decided to adjourn the case until next week Thursday.
This evening, after the hearing, we got an opportunity to speak with defense attorney Bryan Neal about the court's decision:
Bryan Neal - Attorney for Keiron Fernandez "What I understand from what the judge said, there were some exchanges of diplomatic notes between Belize and the United States of America, and they are close to finalizing the recording of a statement to determine if they want the witness to come, or testify via Skype. The judge is saying that he prefers, having waited for 3 weeks to get this witness and this statement, that we should wait another week to see if the witness materializes, and determine if we close the case after that witness. My concern is I'm looking at the constitutionality of a fair trial in this matter. This matter started with a previous attorney. 5 attorneys were brought on-board. A sixth attorney was brought on-board. Months have passed so that my concern as a defense attorney is the time it has taken, and whether we can say that there is a fair trial here. So, I am of the view that the quicker we close this case, the fairer it will be to the defendants."
Reporter "Sir, explain to us the issues you raised on behalf of your client which you want the judge to consider in the issues conference."
Bryan Neal "Some of the issues I raised are whether there was any joint enterprise between my client and the other 4 accused - I don't see it; whether the DNA evidence and the circumstantial evidence are sufficient to convict him beyond a reasonable doubt - I don't see it. And whether his presence at the farm outside of what the witnesses have said makes him guilty; I don't see that. Whether the poor pastor even died at that farm, making that the crime scene that is a very relevant issue as far as I am concerned."
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