Law

Daily Dingleberry 08-26-12 Does This Pass The Bullshit Test??????? Tell Me What You Think

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Direct link to the following  http://edition.channel5belize.com/archives/74930

Aug 23, 2012

6 containers of suspected pseudoephedrine turn out to be chalk

FLORENCIO MARIN JR.

Earlier this year, a shipment of seven forty-foot containers housing a significant quantity of methylamine hydrochloride, a chemical precursor used in the manufacture of methamphetamine, was confiscated by the Customs Department.  The consignment, valued at an estimated ten billion dollars, was shipped from China to Belize in February to Belize Gardens Consortium, a local company owned by businessman Vernon Cuthkelvin.  Following the seizure, samples of the substance were sent to the United States for testing while the Anti-Drug Unit led an investigation into the matter.  In the interim Cuthkelvin sought representation from attorney Lionel Welch, who indicated that a charge of making a false declaration on a customs entry was the only legal action that could be taken against him.  But the charge never materialized and today Minister of National Security John Saldivar said that the chemicals, after being tested, turned out to be nothing more than chalk.  The investigation, he added, has since been closed.

 

Florencio Marin Jr., Area Representative, Corozal South East

“Can the Minister of National Security say what is the status of the police investigation into the seven forty foot containers that were shipped to Belize in February containing chemicals which form the base for the deadly drug commonly known as ‘crystal meth’ and whether or not anyone has been arrested or charged in this matter?”

 

JOHN SALDIVAR

John Saldivar, Minister of National Security

“Mr. Speaker, samples sent abroad to the United States for analysis have proven that the container for the Belize Evergreen Distributors and Supplies was found to be chalk, calcium carbonate.  The three containers that were declared as titanium dioxide for Belize Gardens Consortium was found to contain chalk, calcium carbonate which was found to the front of the container, while samples taken from the back of the container was found to be all methylamine hydrochloride which is a precursor for the production of methamphetamine.  The other three containers which were declared as ammonium sulphate were found to contain some ammonium sulphate from the samples taken from the front while the samples taken from further in the back of the containers were found to contain methylamine hydrochloride.  Mr. Speaker, calcium carbonate, ammonium sulphate, and methylamine hydrochloride are not prohibited substances under the current laws of Belize therefore there were no reasonable grounds to believe that the person or persons had committed or is committing any offence under the laws of Belize.  As a result, there were no arrests made and the police investigation into this matter is considered closed.”

 

The “chalk” was destroyed, reportedly with assistance from the US. 

 

 

 

Daily Dingleberry 08-13-12 Is Anything Really Going to Happen to the Banana Industry?

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Now that the news is sinking in about John Zabaneh and the potential negative consequences of being blacklisted by OFAC, people are coming to his defense saying that he has done so much for his community and Belize as a whole by creating jobs and providing community support. It is a consideration…maybe. What is the cost of these jobs and money generated by his portion of the banana industry? Can we honestly say it’s worth it to be a part of a world wide drug war to have a couple hundred jobs? Do we care that many families are affected by drug trafficking in ways we can’t begin to fathom just so we can have a few jobs that people are saying is mostly worked by illegal aliens anyway? What are the real life consequences we can expect or is it much ado about nothing and we will see business as usual in a hotttt minute?

Handcuffing Justice: When Smart People Act Stupid by Fayemarie A Carter, MA

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Handcuffed Justice

I have watched as a nation’s emotions kept building, anxiety reaching a fever pitch. Cries for justice rang loud and a demand for good police work, the utmost importance. We all held our breath as we waited for Bert Vasquez to be charged, fearing that he would walk away “as usual” prompting protest marches sending a clear message of “No! Not this time!” And the police came through. He was charged.

But that wasn’t the end, rather it is the beginning. Just like the public feared he wouldn’t even be charged, now it fears he won’t be convicted. But instead of putting pressure on the police by standing together and making the effort to ensure that he is convicted, instead of helping the police and participating in the process of justice, we have people allowing their fear and lack of faith  to derail justice in a most egregious way. Having convinced themselves that because of his family name and influence he will not be convicted, they are calling for vigilantism. One of these people is my own partner, Aria Lightfoot. Yes, Aria. I am calling you out. So sue me.

Take a look at her Facebook status posted a few days ago:

“All you people of waiting for civility and the justice system to condemn this monster among us, question: how do you convict a well connected criminal in a society that doesn’t prosecute well connected criminals? Do we wait for the system to become fair as our children continue to fall victim? Do we wait until personally affected to become angry? All you proponents of fair play how do you get rid of a unprosecutable monster from your midst?”

At first, I tried to give her the benefit of the doubt, so I simply asked: “What are you inciting here?” She responded with a pretty mild answer saying she was just looking for solutions but as the conversation became more involved and other people put their two cents in, it became clear what was being said. We should kill Bert Vasquez and not bother with the process of justice, after all it is a “joke” as one person said. So I sarcastically said:  “Well let’s just kill him and get it over with! Goddammit! Screw the justice system. Let’s just be as evil as he is! Who needs rules?” Unfortunately, some people thought I was serious and concurred. No biggie. Next time, I’ll be more clear and put *sarcasm next to a statement intended as such.

Further down Aria makes her point very clear, much to my concern and disappointment: ” I guess people don’t realize that he was in the “allegedly” in process of violently sexually violating another child when he was caught. Do I need a jury to assure me he is guilty. Probably not! And victims are really afraid to come forward in this case because of who he is. So I ask all the proponents of fair play. Give me a solution Please because I feel this monster will walk and he will be one of several that continue to plague our country until the justice system catches up or people take matters in their own hands. What does a society do to protect itself?” Having a jury convict a person accused of anything is NOT for the assurance of his guilt but rather an exercise in justice, you know, that process we need to make sure INNOCENT people don’t go to jail?

I get it. You don’t believe that it will happen. It hasn’t many times. And many murderers and rapists walked free of consequences because of their status in society; bribes paid to key players; intimidation of witnesses; lost evidence because of incompetence and gross mishandling. I GET IT! As other people challenged Aria  to clarify her position, she kept saying she was only asking for a solution but when given them, she was adamant that families of victims couldn’t wait for the system to change and asked basically what are we to do in the meantime? She  suggested that these “monsters” will walk and plague us if we don’t take matters into our own hands. What does that mean Aria? Kill everybody we “know” is guilty? Remember the poor taxi guy everybody “knew” was the murderer? HE WAS INNOCENT. What would have happened if society had decided to “take matters into their own hands”? How would you have felt if society had killed this man and come to find out it was someone else? How is that a “solution”?

Let’s make something clear hear. Your statement on Facebook was insulting and condescending. Just because everyone isn’t out there screaming about justice or waving a noose around, doesn’t mean they are not as passionate as you, or as concerned or as “affected”. We just choose to do it in a different way and there is no reason we as a society can’t do both. Protests serve a purpose. It is a time to vent. It is a time to feel connected with others. It is a time to bring attention to an issue of great concern. BUT it is merely the beginning of anything. Protests in and of themselves do little to change anything. They can prompt change but the change will be brought about people who take the time to write proposals, present them and have others vote them into policy, law etc. So, killing Bert Vasquez takes care of one person and “a” situation for just a brief moment. The system will still be broken and others will then continue to “get away”. You will basically have NOT affected change and you most certainly will NOT have come up with a solution. Rather, what about the other issues you have now created? Liiiiiiiiike: WHAT ARE WE  TEACHING OUR CHILDREN? Where the hell are your beliefs in god now? What kind of god is he/she who allows YOU to kill but not others? Have you thought of what kind of reputation this will give to Belize? How does that kind of behaviour influence investors? TOURISTS??? And lastly, since we seem to have forgotten her: what the hell does this do for Jasmine’s memory? She was a Girl Scout. She worked with her father in her community. Everyone who knew her, liked her. DO YOU HONESTLY THINK THIS IS WHAT SHE WOULD HAVE WANTED? I can emphatically tell you “No!” She was about helping people, not turning them into hateful, demonic beasts seeking vengeance in her name.

So you asked for solutions. You are not going to like the answer but tough. You will help undo the damage by advocating for new legislation and abolishment of defunct, unjust old ones. You will inspire others to seek education in areas critical to justice system. You will demand that proper funding is allocated to fighting crime so that we will get better equipment and facilities aimed at proper gathering and storing of evidence. You will show your support for the hard working officers who put their lives on the line by participating in  fund raising efforts and cooperating wherever needed. That means calling the police when a crime is committed, appearing in court when you are called as a witness and teaching yourself and your kids the law and ABIDING THOSE LAWS. You will demand that investigations are made into allegations of misconduct, police brutality and corruption. You will exercise patience and serve as an example of calm, well thought out convictions. You will be a symbol of hope in yourself and Belizeans, that we know the right thing to do and that we will do the right thing. And you will start by reining in your rhetoric and realizing that you have to stop being irresponsible with your words. You need to realize your power. When you do, maybe you can start being the change you keep demanding everyone else makes.

*FYI: “Incitement” comes under “Effecting a Public Mischief” which comes under ‘Perverting the Course of Justice” which comes under “OBSTRUCTION OF JUSTICE” punishable by up to life imprisonment…. yeah…I would say getting people to murder Bert Vasquez falls right under all that………

Daily Dingleberry 06-16-12 Belize Is Definitely Worth Fighting For

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Unlock Your Mind

It is a sad truth, that just like an insecure beautiful woman knows not her worth, so are Belizeans when it comes to Belize. She bats her eyelashes, beckoning her man, wishing only to serve. She is hopeful HE is the one, the one who will worship her and take care of her, make her feel special.  Little does she know that the man she lets climb atop her is undeserving and has no intentions of appreciating her delicate beauty. He is only with her to exploit, take his fill, casting her aside broken and used, unloved, uncherished. Desperate, she lets another one in and so on and so on until she has nothing left to attract them. She is but a shriveled shadow of herself, eyes blankly staring out. All because she didn’t know how special she was. Sounds  much like what we Belizeans do, advertising our Jewel to tourists and investors, hoping they will be the ones to alleviate our poverty and social ills. Are we going to let that happen to us, Belize? Are we going to throw up our hands and hang our heads in shame, waiting and waiting for “the one” to come rescue us?

Why do we do that? Why do we tell ourselves we don’t know what to do? Why do we give up control to others? *sigh*

We didn’t get ourselves here. We really didn’t. We were a colony that was ignored and treated like crap for over 300 years. They sent politicians and Lords who “behaved badly” to Belize as a punishment- remember, the asshole of the world? No one invested in us…they took everything and then left us to rot in filth and squalor, basic needs unmet and unaddressed. We were treated as unimportant, ignorant and less than human. After all, we are uncivilized animals who steal, cheat and wreak havoc on all that is sacred and holy. HEATHENS! We have sex like monkeys and all our babies have different fathers. Our men are drunken blackguards,  thievin’ n’er do wells and our women are loose sex pots to be had for a pint of beer, wooden coins, empty promises of a new life in England.

Fast forward to 2012. We are independent for just 30 years, trying to keep up with the rest of the world and in some ways doing remarkably and in other ways, failing miserably. Let’s look at why. What is the one thing that hasn’t changed? Unfortunately, our mentality. We still behave like the colonized, waiting for massa to do it for us. There is no “Massa“. We is MASSA! SO THEN WHY ARE WE STILL LIVING ACCORDING TO ARCHAIC BRITISH LAWS?????EVEN THE BRITISH DONT USE THOSE FRIGGIN’ LAWS CAUSE THEY DON’T WORK!!!!

And so here we come back to Jasmine Lowe. Her case is a magnifying glass on all that doesn’t work. And why did this happen? Why were there no change in the laws that might have allowed for a better investigation, prosecution and justice for this little girl? Because we don’t understand that we are worth it. We, Belizeans, are worth demanding better laws. We, Belizeans, are worth demanding better protection. We, Belizeans, are worth demanding a sound justice system. This is more than gangs and guns. This cuts to the core of what we stand for, what we represent. Our laws are who we are. Our laws tell the world what is important to us. The problem is we don’t even know that we are important so how could we know what is important to us?

My partner Aria Lightfoot just wrote an article further commenting on all this…take a look and then start reflecting…do you know you are worth it? Do you know you are worth fighting for? Only until we get that, can we be ready to build Belize and be the change we wish to see.

https://twocanview.com/2012/06/16/belize-is-worth-fighting-for-by-aria-lightfoot/

Daily Dingleberry 06-11-12 Don’t Hang Capital Punishment On This Little Girl

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While I absolutely understand and appreciate the public’s reaction to the case of Jasmine Lowe, I feel the need to caution those of you hollerin’ about “Hang them!” “Bring back capital punishment” “Flog these monsters in the town square!”.That is an “end to the story” consideration…there is so much we have to do to get there.

The Jasmine Lowe case is about firstly, cultural issues. We have to address the fact that girls are extremely vulnerable in our society because of many issues surrounding how parents talk to their children about predators, sex, violence, self defense. We continuously treat sexual abuse and violence against women and children as taboo and “not my business”. The victims are avoided and shunned while the abusers continue to hold their position in society and walk around free.

Secondly, it is about immigration issues. Our communities have changed dramatically because of the influx of immigrants. Someone pointed out that half of our cab drivers are immigrants. That means that we don’t know our neighbours anymore and as such, there must be other ways to ensure safety.

Which brings me to the third point. We have to stop accepting archaic laws and stop fighting attempts to modernize our laws and policies. I understand that the issue of registering/licensing cabs/drivers was already addressed and that it was met with refusal and outright defiance. The cab drivers cited cost as their main reason.

This brings me to my fourth point: we need to stop being so damned MYOPIC. Yes that was one aspect of changing the law: cost to the cab drivers BUT did you consider that it is a public safety issue? We have to be able to accurately identify “friendlys” from enemies and predators.  And Jasmine’s case clearly points to how children become victims but what about the elderly? tourists? and the cab drivers themselves who are exposed to danger when criminals use them to commit crimes disposing of them when they are finished? If there were better tracking devices/practices we can deter people from victimizing cab drivers themselves and when they do it anyway, we can better pin point who is the responsible criminal.

Along these same lines: why do we always find reasons to NOT do something? When Mary K Cariddi proposed the Jasmine Taxi Law, people attacked it for all kinds of reasons and yes there are valid considerations BUT the underlying message was: “why bother trying? It will never pass.”  Well crap! If you think like this? Sure it wont get passed! Nothing wrong with examining obstacles BUT only if your intent is to find ways around them….That was NOT what I saw happening…What I want us to do from now on is appreciate someone’s good intentions. Stop nit picking things to death and find ways to OVERCOME limitations. Stop being so negative and narrow minded. That is why Belize is stagnating swamp of a place…our goddamned attitude.

So then…here’s the fifth point: Jasmine Lowe’s case is about INVESTIGATIVE PROTOCOL. We can’t talk about bringing back capital punishment when we can’t even collect evidence, determine cause of death, arrest a suspect, prosecute him/her then finally get to the sentencing part???????? HOLY JESUS, MARY AND JOSEPH! For me, the salient point to alllllll of this outcry about Jasmine is: We have been sold a bill of goods. We were told that we could hope for justice because we have a police force dedicated to its job of protecting and serving. BUT that just wasn’t true and the friggin powers tht be knew it ALLLLLLLL along. The main character in any investigation into any violent crime is your goddamned medical examiner…and this mudderfucker has been giving us NOTHING for years. You can’t convict anybody without proof people!

I am stunned  that this injustice has been perpetuated for decades…and I will accuse the entire justice system, any and everybody who works in it of being an accomplice. No wonder defense lawyers have such an easy time getting off alllll their friggin clients?! And shame on you for letting it go on….lawyers, police, magistrates…you all knew something was wrong and you didn’t address it…Anyway…now it’s out…and we need him out…so I need your help…You owe us…

Which brings me to my final point: YOU WORK FOR US. ALL OF YOU HAVE A JOB BECAUSE OF ‘WE THE PEOPLE”.

This divide between law enforcement and the public has to be bridged. The public is afraid of you, does not trust you and with good reason. We feel hopeless and frustrated with the dismissive way we are treated by the police. There are many stories of abuse and misconduct. I have been through it myself and it is awful. Even when citizens are trying to do their duty, you make it so difficult. You have taught us not to depend on you and you are cultivating a culture of vigilante justice.

So I hope I have made my point very clear: Jasmine Lowe is NOT about capital punishment….so please stop yellin about it….now is not the time…I know you are angry and feel this is an answer but at this point, it is only detracting from getting real solutions to the real problems…

What Buggery is Dis? by Fayemarie Anderson Carter

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We have all heard the religious rhetoric surrounding  Sec 53, you know (in lowered voice) the gay law. Pastor Dis and Bishop Dat decided that they would just ignore the fact that we are NOT, I repeat NOT a religious state BUT a democracy. See, people get sooooo confused with the word DEMOCRACY but in simple simple simple words, it means  “the freedom to call something into being which did not exist before, which was not given… and which therefore, strictly speaking, could not be known.”[5] This type of freedom, which is connected to human “natality,” or the capacity to begin anew, sees democracy as “not only a political system… [but] an ideal, an aspiration, really, intimately connected to and dependent upon a picture of what it is to be human—of what it is a human should be to be fully human.”[6] 

Not simple enough? Mek ah try: it is a process by which what nevah exist before, could exist NOW!

Read on:

While there is no universally accepted definition of ‘democracy’,[7] equality and freedom have both been identified as important characteristics of democracy since ancient times.[8] These principles are reflected in all citizens being equal before the law and having equal access to legislative processes.

And then some more:

Majority rule is often listed as a characteristic of democracy. However, it is also possible for a minority to be oppressed by a “tyranny of the majority” in the absence of governmental or constitutional protections of individual or group rights. An essential part of an “ideal” representative democracy is competitiveelections that are fair both substantively[16] and procedurally.[17] Furthermore, freedom of political expression, freedom of speech, and freedom of the press are considered to be essential, so that citizens are adequately informed and able to vote according to their own best interests as they see them.[18][19] It has also been suggested that a basic feature of democracy is the capacity of individuals to participate freely and fully in the life of their society.[20] 

AHHHHH CRAAAAAAPPPPP!!!! NOW I SEE WHAT THE PROBLEM IS!!!!!

Ok. Now that we have an idea of what democracy is, let’s look at RELIGIOUS FREEDOM. People like Pastor Dis and Bishop Dat feel that because God is on their side and they believe in Jesus that for some reason, they are superior to everyone else. At this point, you should all be raising your hands and asking the teacher, “But, Miss? Doesn’t that contradict what you just said about democracy?”

Ahm, frankly YEEEESSSSS! People confuse the right to practice religion with the rest of democratic principles. And don’t worry, it’s not just in Belize. I am not picking on you but I won’t let you get away with it just because al Qaeda blew up a couple a buildings and does it worse that you. The following is a case that explains it perfectly. And YES I know it’s an American case, but they’ve been doing this whole independence/democratic nation thing a lot longer than we have so…they could teach us a thing or two:

 

In Employment Division v. Smith, a pair of men who were fired from their jobs for ingesting peyote during Native American religious ceremonies sued when their applications for unemployment were denied because they had been fired for cause from their jobs. The US Supreme Court ruled that since the prohibitions on drug use is a neutral law of general applicability that the religious freedom argument didn’t come into play. From the decision:
“Laws, we said, are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. . . . Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.”

In other words, lovers, lovers of Belize, we have the freedom to practice our religious beliefs BUT CAN’T HOLD IT SUPERIOR TO THE LAW OF THE LAND!!!!!! Soh dem weed smokers whe seh dey do it because  a JAH…dem Pastor Dis and Bishop Dat whe seh that homosexuals should be prosecuted because dat dah whe GOD seh? Dem Muslims whe mutilate girls, cutting off their sexual organs to keep them pure because ALLAH seh soh? YOU CAN’T DO THAT IN A DEMOCRATIC COUNTRY AND IF YOU DO YOU ARE SUBJECT TO PROSECUTION AS ANYONE ELSE IS.

Now…I am hard pressed to understand why the hell a country run by a bunch of lawyers couldn’t figure this one out and make a stand for the development and progress of our democracy…buggery..I tell you…just plain old buggery. Bend ovah and insert bukut.