COMPOL says by law, COLA can’t get evidence from police yet

Elvin Penner is headed back to court in just eight days, on July 24th. The ex minister is being prosecuted by COLA for his alleged involvement in the facilitating of a Belizean Passport for an incarcerated criminal in Taiwan. But COLA needs evidence and they say they have been given the run around, especially by the police. According to COLA, when they wrote to the Commissioner of Police requesting the investigation file from the police, the response in a letter was that they could not hand that over to COLA. On Wednesday, Commissioner of Police, Allen Whyllie, said that the issue of COLA going to court is neither here nor there as it pertains to their investigation. Wiley says they will not release any information in the file until the investigation is complete and that decision is based on legal advice the department has received.

vlcsnap-2014-07-16-21h50m21s224Allen Whylie – Commissioner of Police
“I think that the letter quite clearly said that as long as there is an ongoing investigation the matter cannot be released because it would be prejudicial, and so until that investigation is concluded and the file sent back to the DPP, then we go from there, but I cannot break the law to please COLA.”

 

 

Reporter “Can you tell us the law you would be breaking if that is indeed?”

Allen Whylie – Commissioner of Police
“I have already indicated that the regulation or the act is under the disclosure act, so there if there is a continuing investigation or ongoing investigation would be prejudicial to release, so we are complying with the law, the attorney has not challenged that, that is the law.”

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Since the passport issued to Citizen Kim is material evidence in the investigation, we asked the Commissioner if the police have the passport within its possession.

Allen Whylie – Commissioner of Police

“I don’t think we have the passport.  I would have to confirm with Mr Blackett.  He is the coordinator. They have an investigating team.  When it reaches a stage, they will brief me.  So, I cannot say.  I don’t think we have recovered the passport.”

In our last interview with Karim Musa, attorney for COLA, he said that section 30 of the summary in jurisdiction procedure act allows the magistrate to order individuals who are in possession of material evidence to deliver that evidence to the court. It appears that COLA plans to lean on that law next Thursday when Elvin Penner’s trial is scheduled to start.

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