Attorney Orson Elrington to Stand Trial for Rape After Preliminary Inquiry Ruling

Attorney Orson Elrington will stand trial for rape in the Belize High Court. Elrington’s fate was decided today at his preliminary inquiry in the Belize City Magistrate’s Court. Elrington’s legal team made several objections to the evidence presented by the prosecution, including the fact that there was no sobriety test conducted following the alleged incident. He also made objections to the level of involvement that the Director of Public Prosecutions, Cheryl Lynn Vidal had in the case, alleging that Vidal spoke to his accuser personally. Ultimately, the Magistrate did not accept Elrington’s submissions, and he was committed to stand trial in the next sitting of the High Court. Outside the courthouse, the DPP said that a sobriety test would have been irrelevant under the circumstances, and she rejected the assertion that she abused the power of her office in this case.

Cheryl Lynn Vidal, Director of Public Prosecutions: “I really don’t want to go into the facts of the case, but this report was made some days after the incident. And so by the time it had come to the attention of the police it really would not have made much sense. We didn’t think that there was any likelihood that he would not have been committed to stand trial.”

Reporter: So now you are accusing there of being both his Majesty’s Prosecutor and the investigator, he said that his rights were breached because you overstepped the boundaries of your office to actually make calls and speak with his accusers. What would you say in response to that? Did you overstep the boundaries? 

Cheryl Lynn Vidal, Director of Public Prosecutions: “I most certainly did not, and I would imagine that is an issue that will be addressed at the High Court. I look forward to it.” 

Reporter: Would that happen in conjunction with the actual case itself or he has to bring an application for that? 

Cheryl Lynn Vidal, Director of Public Prosecutions: “You will have to ask the gentleman that question when he comes out.”

Reporter: But might it have the effect of staying the criminal proceeding at the High Court? 

Cheryl Lynn Vidal, Director of Public Prosecutions: “It depends on the route that they take.”

Elrington’s legal team did not take the rejection of the submissions well. His father and member of his legal team, Hubert Elrington, feels the defense’s submissions went over the Magistrate’s head. Elrington, a former Attorney General, says the defense will be challenging the Magistrate’s decision to commit the matter to trial at the High Court.

Hubert Elrington, Attorney: “Well, I don’t think the learned magistrate even understood what we were trying to say to her. I think that this was one of these situations in which we made a submission, which the learned magistrate simply did not understand. Because nothing that she has said makes any sense to me.”

Reporter: So what happens next? 

Hubert Elrington, Attorney: “Well, we’ll take the matter to the High Court.”

Reporter:  You will challenge her decision in the High Court? 

Hubert Elrington, Attorney: “Yes.”

Reporter: Okay because your client has been committed to stand trial. 

Hubert Elrington, Attorney:  “The law is very clear on a number of things, right? And she doesn’t seem to understand where the law requires her to go.”

Reporter:  Because the DPP is saying it’s not for the magistrate at this point to put anyone on the stand to decide truthfulness or not. 

Hubert Elrington, Attorney: “The DPP has brought a case, right? And her first duty is to show that there is a difference between a crime and a non-crime. And the magistrate must look at it and says if the evidence discloses a crime or the evidence discloses a non-crime but she doesn’t even understand that is the duty. So where do you go? You have to go to the High Court.”

The matter will be brought up in the High Court on October 2. The rape complaint was filed against Elrington on January 11; however, he was not formally arrested and charged until March 8.