Re Tommy Crutchfield

• Jurisdiction: Belize
• Judge: Meerabux, G.D.
• Judgment Date: 13 May 1998
• Court: Supreme Court (Belize)
• Docket Number: No. 89 of 1998
• Date: 13 May 1998

Supreme Court

Meerabux, J.

No. 89 of 1998

Re: Tommy Crutchfield

Appearances:

Mr. Denys Barrow, S.C. with Mr. E. Marshalleck Jr. for applicant

Mr. G. Gandhi, S.C. for respondent

Natural justice - Applicant sought a writ of Habeas Corpus against his detention by the police — Whether the applicant should be heard before his permit to reside revoked — Court found that he had no right to be heard — Application refused.

Meerabux, G.D.

1 On Saturday February 28, 1998, the applicant, Tommy Crutchfield was arrested by the police on the authority of an Expulsion Order issued by the Minister of Foreign Affairs, as the Minister responsible for Immigration & Deportation, under the Aliens Act, Chap. 124 of the Laws of Belize.

2 On the same day an application for a Writ of Habeas Corpus was granted to the applicant ex parte by Singh, C.J. returnable on March 2nd, 1998, but the matter was later adjourned to March 6,1998.

3 At the adjourned hearing on March 6, 1998, that application was withdraw and a new application was filed supported by affidavits of the applicant and his wife Penny Crutchfield.

4 The first affidavit of the applicant dated March 5, 199 8 depose that:–

• “1. That I was on Saturday, 28th February, 1998, arrested by the Belize police and detained under an expulsion order issued by Minister of Immigration at the request of the Government of the United States of America.

• 2. That on the said day I applied through my attorney-at-law for the grant of a writ of Habeas Corpus to prevent my deportation and the same was granted.

• 3. That I am currently in custody at the prison at Hattieville, Belize, pursuant to the order of the court pronounced on Monday, 2nd March, 1998, the originally scheduled return day.

• 4. That I was born in the United States of America and lived there until I came to Belize in or about March, 199. I have been ordinarily resident in Belize since that date and I have applied for Belizean Nationality based on the size of the economic investment I have made in Belize.

• 5. That unless restrained by the Honourable Court I apprehend that I will be removed from Belize as soon as arrangements are made to get me on a flight to the United States.

• 6. That I have been advised by my attorney-at-law that there are procedural grounds for the Government of Belize to move to set aside the writ of Habeas Corpus and it is therefore provident that I write March 25, 2002 a fresh application for a new writ of Habeas Corpus.

• 7. I respectfully submit to this Honourable court that my said arrest and detention under the aforesaid expulsion order are unlawful on the grounds that the expulsion order was made solely at the request of the Government of the United States of America and not for the welfare of Belize.

• 8. I accordingly submit that my detention under the said order is unlawful and I request leave to issue a writ of Habeas Corpus directing the Commissioner of Police to show cause why I should not be released immediately.”

5 The second affidavit of the applicant dated on the same date, March 5, 1998, depose that:–

• “1. That I have been shown a copy of an affidavit sworn to by my wife on the 5th day of March, 1998.

• 2. That I crave leave to refer to the same.

• 3. That the matters contained in paragraphs 1 to 17 and paragraphs 19 to 21 of the said affidavit are true and correct.”

6 The first affidavit of Penny Crutchfield referred to in the above affidavit and dated March 5, 1998 depose that

1

That I am the wife of Tommy Edward Crutchfield. 2. That my husband and I were owners and managers of Herpetofauna Inc., one of the largest dealers and importers of exotic reptiles in the United States, which operated out of the State of Florida in the United States of America. 3. That my husband and I were convicted of charges involving the illegal importation and the intent to sell 4 Fiji Banded iguanas in the United States and sentenced to a number of months imprisonment. 4. That we appealed against the convictions and on July 26th 1994 the United States Court of Appeals, Eleventh Circuit, overturned the convictions because of prosecutorial misconduct on the part of Assistant U.S. Attorney Michael Rubinstein. There is now produced and shown to me marked “P C. l” and “P.C. 2” a copy of the decision of the Court of Appeal and a copy of a newspaper article appearing in an edition of the St. Petersburg Times of Friday July 29th, 1994, explaining the circumstances and outcome of the appeal. 5. That immediately following the overturn of the convictions the U.S. Attorney's office indicated its intention to re-try my husband and I on the charges. 6. That the original trial and subsequent appeal imposed severe financial hardship on my husband and I and we were unable to meet our attorney's retainer for him to act on our behalf at the second trial. 7. That as a consequence of our financial position my husband entered into plea bargaining negotiations with the U.S. Attorney's office. 8. That a bargain was eventually struck for my husband to plead guilty to certain charges and the U.S. Attorney's office to drop all charges against me. 9. That my husband pleaded guilty to the offences as agreed and was sentenced to 5 months in a Federal Prison and a year's probation including 5 months' house arrest. 10. That in or about March, 1997, a number of months after my husband finished serving his time, my husband and I, along with our family, moved to Belize with the intention of taking up permanent residence here. 11. That my husband sought and obtained a temporary employment permit to allow him to work in real estate and car rental businesses in Belize. That there is now produced and shown to me marked “P C. 3” a copy of a temporary work permit in favour of my husband. 12. That my husband commenced a car rental business called (Iguana Car Rental” in August, 1997, operating from Biltmore Plaza Hotel in Belize City and the business is still thriving today. 13. That my husband invested some Bz $170,000.00 in the car rental business which currently employs 4 Belizeans on a full time basis and l Belizean on a part time basis. That my husband's activities have and continue to benefit Belize and Belizeans and have by extension contributed to, and not detracted from, the welfare of Belize. There is now produced and shown to me marked (P.C.4” copies of statements of accounts for Iguana Car Rental showing the said investment. 14. That my husband has not been accused nor convicted of having committed any crime in Belize and is not in any way a threat to public safety in Belize. There is now produced and shown to me marked “P C.5” a copy of a police report issued on behalf of the Commissioner of Police indicating that my husband does not appear in their criminal records. 15. That for about 5 weeks now my entire family has been followed and chased by U.S. agents in Belize. We have been followed to San Ignacio, Dangriga as well as to Punta Gorda. These agents, who are Caucasian, have now moved into a house across the street from where we live and have been looking into our house with a telescope. 16. That a warrant has been issued for the arrest of my husband in the United States on a smuggling charge the particulars of which we are unaware. There is now produced and shown to me marked (P.C. 6” a copy of the said warrant. 17. That an expulsion order has been made against my husband by the Minister of National Security purportedly on the basis of such an order being in the interest of public safety and/or public welfare. There is now produced to me marked “P C.7” a copy of the said expulsion order. 18. That I have personally met with Mr. Gian Ghandi S.C., the Solicitor General, to make representation for the revocation of the explusion order and he confirmed to me that the expulsion order was issued by the Minister of National Security at the request of the Government of the United States of America on the basis of the issue of Exhibit “P C. 6.” 19. That the warrant (Exhibit P.C. 6) has been sent by U.S. government officials to the government of Belize. 20. That my husband has been arrested by the Belize police and detained with a view to his deportation to the United States for him to stand trial on a charge of smuggling which we deduce relate to reptiles. 21. That I verily believe that my husband is being deported from Belize in compliance with a request from the U.S. Government and not in the interest of public welfare and/or public safety.”

7 In response to this affidavit Mr. Gandhi by affidavit dated the 11th March, 1998 deposed that:–

• “1. I am the Solicitor General of Belize and am the Attorney-at-Law for the respondents herein who have authorised me to make this affidavit on their behalf.

• 2. I am aware of the Expulsion Order dated 20th January, 1998 made by the Minister of Foreign Affairs and the Minister responsible for Immigration and Deportation, against the applicant herein, as published in the Belize Gazette dated 28 February, 1998.

• 3. At no time did I tell Penny Crutchfield or anybody else that the said Expulsion Order was made by the Minister of Foreign Affairs at the request of the Government of the United States of America.

• 4. To the best of my knowledge and belief the said Expulsion Order was made by the Honourable Minister on the basis that in his opinion it would be expedient in the public interest and for the welfare of Belize that the applicant herein be expelled from Belize. This is so stated on the face of the said Expulsion Order.(

8 The second affidavit of Penny Crutchfield dated the 12th March, 1998 deposed that:–

• “1. That I have been shown a copy of an affidavit sworn to by Mr. Gian C. Gandhi on 11th March, 1998 and I crave leave to refer thereto.

• 2. That it may well be true that Mr. Gandhi did not expressly tell me that the said Expulsion Order was made by the Minister at the request of the Government of the United...