BELIZE CITY, Tues. Nov. 27, 2018– In the Supreme Court of Justice Courtenay Abel, a civil suit got underway this morning in which the Belize Central Prison is being sued by a former inmate who alleged that the prison violated his constitutional rights when he was a prisoner on remand.

This is the first time that the prison is being sued by an inmate in connection with the implementation of its administrative policies and internal rules. The case opened with the claimant, Orel Leslie, taking the witness stand.

Leslie, who is being defended by attorney Audrey Matura, was cross-examined by Senior Counsel, Philip Zuniga, who is representing the prison along with Crown Counsel from the Solicitor General’s office, Agassi Finnegan.

Both counsels questioned Leslie at length about a number of affidavits that he has signed and presented as evidence to bolster his claim that the prison violated his constitutional rights.

The case was adjourned to tomorrow, Wednesday. Following the hearing, the Chief Executive Officer (CEO) of the Kolbe-managed prison, Virgilio Murillo, spoke to reporters outside of the courtroom.

“You are right when you say that it is the first time an ex-inmate is ever taking the prison to court,” Murillo said. “His claim, really, is that his constitutional rights were being denied. This claim arose from the time Orel Leslie was an inmate at the Belize Central Prison. He had violated prison rules, and in prison you face what is called a tribunal, so he’s not charged criminally for those offenses — or those infractions, as you would want to call it,” he further stated.

Murillo said that prisons are all about order and discipline, and that Leslie was charged with offenses against prison discipline. He said “we must all understand that the prison is the last sanction available to the courts to manage those persons who have failed alternative punishments.”

Murillo continued, “It literally means that when you come to prison, if you carry on with your same behavior, then, you should be disciplined. We cannot mince with that. We have to try and either try and reform you, one way or the other, either through programs, or through disciplines.”

“There are two things that he’s saying,” Murillo said. “He’s saying that he was denied his constitutional rights, as it relates to the charges that he was charged for under the prison rules. Now, I’m not too worried about that charge, because like I said, we didn’t charge him criminally for the offenses. We charged him for offenses against prison discipline, which is far different than a criminal charge. On the other hand, he is alleging that the prison treated him inhumanely, and that is what he really has a serious burden to try and prove,” Murillo explained.

“Anybody can make an allegation, but it is to prove that allegation,” Murillo said.

It was suggested to Murillo that Attorney Matura had suggested that the prison attempted to deny their side two potential witnesses.

“Yeah, that is what she says, but listen, the prisoners that they want to bring are both convicted prisoners, and attorneys need to know that if a prisoner is convicted, there is really no case to fight for that prisoner anymore, unless you’re appealing the case. And as far as I’m concerned, these prisoners have been convicted quite a while ago. That 21 days appeal time has already elapsed. As a matter of fact, one of them is doing a life sentence. Miss Audrey Matura knows — or she should know — that if you need to get a prisoner out of the prison, other than the normal removal to attend a hearing, you need to get a special order from the judge. I cannot release a prisoner just on word of mouth of an attorney. That’s not how it works. I have to be ordered by the judge to remove a particular prisoner, and the particulars of the prisoner is going to be listed on the order, and then I’ll be obliged to do so, because then, I’d be in contempt of the court itself,” Murillo said.

Leslie was remanded along with Brandon Baptist and Tyrone Meighan for the November 2012 murder of ex-Belize Defence Force soldier, James Noralez. The three accused men were acquitted in a first trial before former Supreme Court justice, John Troadio Gonzalez, in 2015, but the Office of the Director of Public Prosecutions appealed the acquittal and in 2017 the Court of Appeal ruled that the men should be given a new trial. The new trial was held earlier this year and resulted in a not guilty of murder verdict against all three accused in the Supreme Court of Justice Colin Williams.