Chief Justice orders continuation of passport scandal investigation

Allen Whylie
(Commissioner of Police)

AARON HUMES Reporting: Chief Justice Kenneth Benjamin today ordered the Commissioner of Police Allen Whylie to continue and conclude the halted investigation of Honorable Elvin Penner’s involvement in the recent passport

Hon. Elvin Penner
(Cayo Northeast Representative)

scandal.

Of note is that the statute of limitation on the issuance of a Belize passport to South Korean national Won Hong Kim expires today. Kim’s passport was issued in September, 2013.

The statute of limitations on the issuance of a nationality certificate to Won Hong Kim expires on March 9.

Kenneth Benjamin
(Chief Justice of Belize)

The Chief Justice, in handing down his decision this morning, characterized Commissioner Whylie’s decision to use discretion to not investigate Hon. Penner was “unlawful, irrational and unreasonable.”

Commissioner Whylie told the Supreme Court on Friday of last week that under the Police Act, he had the authority to exercise discretion whether or not to investigate a matter, and that he had exercised that legally granted discretion to not pursue an investigation of the Cayo Northeast area representative and former Junior Minister of Immigration.

Acting Solicitor General Nigel Hawke says he believes that the government has not lost the case.

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