San Carlos Carrots
And from a murder to magistrates court here in the city, a well known business owner was detained on Tuesday night along with her common law husband. Police were responding to reports of shots being fired off the top of a building on Caesar Ridge and that took them right to Thelma's restaurant.
And that's the start of the story on how the legendary "Ms Thelma" ended up in court today. Jomarie Lanza has more:
She is one of Belize city's best known restaurant owners and most loved cooks, but this morning "Ms Thelma" legally known as Telsefora Arana had to walk the gauntlet at the magistrates court, along with her common law husband 50 year old Curtis Rhaburn. The couple was arrested on Tuesday night at their home - which also doubles as her restaurant, where police found weed and a weapon. The couple was arrested and charged for kept firearm, kept ammunitions and drug trafficking. Appearing in court this morning, Rhaburn wasted no timeand pleaded guilty to all 3 charges. Their attorney OJ Elrington explained:
OJ Elrington, Attorney at Law
"So the magistrate after the two accused Ms Thelma and her common law Mr Rhaburn, Mr Rhaburn has conceded and accepted that the items found were his items and so he pleaded guilty and as a result Ms Thelma was freed of all charges against her however the court in considering its sentence made the decision that it could not fall within the provisions of the law when it comes to firearms and ammunition so the firearm and ammunition act says that once you are convicted of it that it carries a mandatory custodial sentence so when there is a provisional that if it is that you do not have a previous offense or conviction that you can get a non custodial sentence. Our position was and is that the previous offense did not fall underneath the firearm act and therefore it does not have a previous conviction, however the magistrate coming to his decision ruled that he believes that any conviction and therefore he did not have the discretion to give him a noncustodial sentence but the magistrate did in making his considerations and mitigating factors reduce what he thought to be the mandatory five year sentence to reduce it all the way down to a number of factors which you would have heard Anita."
Rhaburn was sentenced to 12 months for the firearm offenses and fined $1200 for the drug charge. His attorney has filed an appeal:
OJ Elrington, Attorney at Law
"So the Appeal is we are appealing the sentence, essentially while it is that we respect the decision of the magistrate my client has given me instructions that he wants to appeal the sentence and we are appealing the sentence on the ground that the magistrate did have the discretion and the authority to be able to give a non custodial sentence because essentially in his ruling he indicated that he did not and his interpretation of the law is that he did not have the discretion to grant a non custodial sentence. We disagree with that position and we believe that it is and he does have the discretion so long as it is the offense for which he was previously convicted is not an offense under the firearm act and essentially so that is what we are doing we are already in the process of making an application for leave to appeal and stay of the execution and bail pending the appeal of this decision."
Elrington said that even a year in his view is a harsh punishment for a first time offender but the magistrate noted that Rhaburn knew well that he did not have a gun license and he noted the starting point for the sentence was 5 year, but deducted a total of 48 months leaving him with 12 months to serve.