CJ tells Compol to investigate Penner Print E-mail
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Friday, 07 March 2014 00:00

Chief Justice Kenneth Benjamin has ordered that Commissioner of Police Allen Whylie must commence an investigation against former Minister of State Elvin Penner for his connection to the fraudulent passport issued to South Korean, Won Hong Kim. The court has found that Whylie acted irrationally, unreasonably and unlawfully when he exercised his discretion to try to save resources on an inquiry he believe would not yield fruitful results.

The hearing for the Writ of Mandamus was held on Friday, February 28, where Senior Counsel Edwin Flowers, Anthony Sylvester and Kareem Musa represented Opposition Leader Hon. Francis Fonseca in his claim against the Commissioner Whylie.

It has been widely reported that Prime Minister Hon. Dean Barrow required Elvin Penner to resign as a Minister of State in the Immigration Department for his role in the passport scandal where international fugitive Won Hong Kim ended up with a Belizean passport while in jail. Penner sent an email a few days later explaining how he pushed the documents through to get the passport for Kim, whom he says he was duped by.

Well, all of that was exhibited before the Chief Justice along with a confidential memorandum between the Director of Public Prosecution and the Head of the National Crimes Investigation Branch. In it, there are allegations that the police department purposefully halted their investigation into the passport scandal.

Though Acting Solicitor General Nigel Hawke argued that the Writ of Mandamus should not be granted in this instance because the Commissioner acted properly to save resources, the Chief Justice did not agree with him.

Chief Justice Benjamin delivered on his decision Monday, March 3, that Mandamus was needed in this case because there is enough material that the Commissioner ignored.

Commissioner Whylie has been diligently working to comply with the orders of the court to inquire into the “Citizen Kim” passport scandal.