BELIZE CITY, Tues. Oct. 2, 2018– The Caribbean Court of Justice (CCJ) heard submissions this morning, via teleconference, between the Supreme Court in Belize City and its Port of Spain, Trinidad headquarters, in the appeal of Dionicio “Life” Salazar, a convicted murderer who is serving a life sentence under the previous sentencing regime for murder.
After hearing submissions from Salazar’s attorney, Anthony Sylvestre, and the Crown, represented by Senior Crown Counsel, Sheiniza Smith, Belize’s highest court, the CCJ, denied the appeal and upheld the Court of Appeal decision that Salazar is guilty of the June 13, 2010 murder of Marlon Rivera, which occurred in San Ignacio Town, Cayo District.
The CCJ panel of judges heard from both counsels, Sylvestre and Smith. When the judges returned from a 10-minute recess, however, they said that they had rejected Salazar’s appeal and affirmed the Court of Appeal’s conviction decision.
At the conclusion of the hearing, Sylvestre expounded on the two grounds of appeal, that he had urged the court to consider.
“The grounds of appeal were specific to this case, but they were also of importance to practitioners. In the trial of the appellant, there was a statement which was admitted to evidence, and that statement was recorded by a police officer. Our view was that the statement, the trial judge ought to have given her directions and considered the fact that the statement was recorded in front of a police officer, as opposed to an independent judicial officer,” explained Sylvestre.
“The second ground of appeal related to a transcript from a previous trial which was admitted into evidence and found its way to the judge. The fact is the Court of Appeal found that that was in fact an irregularity that ought not to have been, but it felt, well, that the irregularity did not raise to the level that would prejudice or substantially affect his trial,” he went on to say.
Sylvestre was asked what the next stage of the process is for Salazar, who, upon conviction, was sentenced to serve life in prison, but after the successful appeal of his sentence some months ago, a new sentencing regime has begun, as it relates to persons convicted of murder.
Sylvester replied, saying, “The CCJ confirmed the decision of the Court of Appeal and what the Court of Appeal had done. It had dismissed his appeal in relation to the conviction, and they had allowed this appeal in relation to sentence, so now he has to be taken back to the Supreme Court and be given the new sentencing provisions, relating to persons who are convicted for murder.
“So, whilst previously he was sentenced to a finite life sentence, now he would be able to receive, if the judge who hears his matter is with such a view, receive a fixed term, whether a fix term is 30 years or 25 years or whatever the case may be, so that is the next stage of this process.”
Sylvestre was also asked if Salazar has ever expressed remorse for the murder he committed.
“Well, not to my knowledge,” he said.
Rivera was shot on June 13, 2010 in front of Belmoral Hotel on Burns Avenue in San Ignacio Town, Cayo District. At the trial, the Crown called 8 witnesses, and also relied on a statement given to police by a now-deceased witness.