Previous Thread
Next Thread
Print Thread
#444812 - 08/18/12 12:49 PM Court: "Riot" Led To Mob Torching ACES Compound PG  
Joined: Oct 1999
Posts: 52,555
Marty Offline
Marty  Offline

If you follow the news closely, you may remember the torching of the American Crocodile Centers, ACES, in Punta Gorda in September of 2010.

Two years have passed, no one has been criminally charged and the owners, Vince and Cherie Rose have had to relocate to Ladyville. But they haven't given up: the American couple has maintained throughout that a marauding mob of Toledo villagers burned down their home - and police let them.

For background - you'll need to recall that - the Rash children, Benjamin and Onelia had just gone missing - and somehow, the villagers of San Marcos became seized of the opinion that the Rose's were somehow responsible.

Well, they weren't - but still, their property was burnt to the ground. And so, the Rose's got a lawyer and sued the government for permitting a riot to ensue which destroyed their property. Under the Riot Compensation Act, the government is responsible for damages that arise during a riot.

The decision was handed down today in the Supreme Court by Justice Oswell Legall.

He agreed with the Rose's Attorney Agnes Segura - Gillett and found that the government is liable.

She discussed the significance of the judgment with us today:..

Agnes Segura, Rose's Attorney
"The trial in respect of the fire which occurred at the American Crocodile Education Sanctuary went on for a number of days. In fact in the courtroom of Hon. Jutice Legall and it's culminated with a decision this morning with regards to the issue of liability. It was agreed between the parties that the determination would have been made with regards to liability and once liability if liability was establish that we would proceed to deal with the issue of quantum of compensation."

"This morning the court handed down its decision and the decision was that there was a finding that a riot did in fact occur on that September 5th 2010 which resulted in the destruction of the properties of Vincent and Cherie Rose and the structures that constituted the American Crocodile Education Sanctuary."

"Our clients would still have to prove their case with regards to how much will be awarded to them. They had 3 structures on the property; one being their home and two others being guest houses that were used for students who came to study about crocodiles. They also had all of their household possessions destroyed; vehicles etc."

"They would have to establish the values so that compensation can be awarded. We are seeking in Belize dollars about $907,000 plus dollars as compensation. That determination is yet to be made as to how much would be awarded. However what have been determined already are that yes the Rose's properties were destroyed and that they were destroyed as a result of a riotous assembly and as a result the government is responsible to pay compensation to the Rose's."

"The whole reasoning behind the riots compensation act is that the state is deemed to be responsible to ensure that people's properties are safe - that people lives are safe and there were rumors beforehand that the villagers intended to go to burn down the sanctuary to look for the children there. The police indicate that they did all that they could have done to prevent this from occurring. I may not feel that is in fact the case - the Rose's definitely did not feel that the police did all that they should have or could have done and believe that if they had done more the situation may not have escalated to the point where the villagers took matters into their own hands."

In a month's time a decision will be made as to whether the Government or the court should decide the quantum of the award. The Rose's are seeking over nine hundred thousand dollars for damage to their property.

No criminal charges have ever resulted from this case - and the Rash children's disappearance is still unexplained.

Channel 7

Two and 1/2 weeks prior to the second anniversary of the arson the judge rules: A declaration is granted that a riotous assembly of persons, as defined in section 2 of the Riot Compensation Act Chapter 338 assembled at the claimants' property situated at Water Hole Road, Forest Home village, Toledo District for the purpose of executing a common purpose with violence and without lawful authority used such violence for that purpose to wit: they intentionally set fire and destroyed three houses, furniture, household utensils and other property owned by the claimants. I will now hear the parties on the issue of compensation.

JUDGE OF THE SUPREME COURT Oswell Legall Aug. 17th, 2012

#444971 - 08/22/12 01:12 PM Re: Court: "Riot" Led To Mob Torching ACES Compound PG [Re: Marty]  
Joined: Oct 1999
Posts: 52,555
Marty Offline
Marty  Offline

Vincent and Cherie Rose sue GOB for destroyed ACES property

In September of 2010, villagers of San Marcos, Toledo District, out searching for missing children Benjamin and Onelia Rash, were convinced that American couple Vincent and Cherie Rose, who operated the American Crocodile Education Sanctuary, ACES, just outside of Punta Gorda Town, had something to do with their disappearance.

As a result, the home and business of the Roses, now based in Ladyville, was burnt to the ground, forcing them to relocate, but the children have never been found.

The couple has sued the Government of Belize, charging that they lost $907,380.71 in property including buildings, household possessions, and vehicles, because police failed to ensure that the situation with the rioters did not escalate to the point where the aggrieved villagers felt they had to take justice into their own hands, leading to the loss of that property.

Attorney representing the Roses, Agnes Segura-Gillett, said that the suit, heard by Supreme Court Justice Oswell Legall, was filed to determine both the issue of liability and compensation. On the matter of liability, the applicants had to prove that a riotous assembly as defined in the Riots Compensation Act, Cap. 338 of the Laws of Belize, occurred – that is, persons were assembled with the purpose of committing a riot as defined in the Criminal Code, and if such liability was proven, then the matter of compensation would be determined.

Last Friday, August 17, Justice Legall issued a ruling on this part of the case, finding that such an assembly did occur and as a result of the Roses being unable to get their matter of compensation heard by the relevant Minister, the Government was liable for such claim.

Now, the two sides have been asked to provide written submissions answering whether it will be the Court or the Minister who makes the determination on compensation. The Court will issue its decision on this in a month’s time.

The Roses attached a schedule to their claim setting out the cost of each item they lost due to the fire started by the rioters.

A report was made to the Office of the Ombudsman concerning the police’s conduct in the matter but nothing has come of it so far. Indeed, no one has ever been criminally charged in connection with the incident, save an alleged “fortuneteller” who was accused of sending angry villagers to the ACES compound because she thought the children were there.


#512084 - 03/02/16 11:22 AM Re: Court: "Riot" Led To Mob Torching ACES Compound PG [Re: Marty]  
Joined: Oct 1999
Posts: 52,555
Marty Offline
Marty  Offline

ACES Want Damages

Two years ago, we told you how the Court of Appeal upheld a ruling from the Supreme Court that the Government had to pay damages to the American Couple, Vice and Cherie Rose, for the destruction of their ACES Facility just outside of Punta Gorda Town.

That's after Villagers from San Marcos formed a Mob and torched their home and the American Crocodile Sanctuary. Those Mayan villagers believed that the couple had somehow hidden the missing children Benjamin and Onelia Rash on the ACES compound.

It was a big win in court for the ACES co-founders win because a higher court has ruled that the Security Forces should have done more to stop the mob from torching the Rose Property.

Well, it's been almost 2 more years since that Court of Appeal ruling, and just over 5 years since the arson of the Crocodile Education Sanctuary, and still the Rose couple has not been paid that compensation for their losses.

They've since filed another claim for the assessment of damages in the Supreme Court in which they are requesting that the court award them just over 907 thousand dollars - almost a million - which they say they lost in the fire.

A preliminary hearing was held before Chief Justice Kenneth Benjamin today where attorneys for both the Rose Couple, and the Government of Belize showed up to court. The case will continue on a further date, and it is expected that a number of case management sessions will have to take place before a full hearing is granted.

We'll keep updating you as the case progresses.

Channel 7

Portofino Resort- Now with a new BEACH BAR!!

Click for excellent scuba lessons with Elbert Greer!

Things to do

Daily News
Daily Weather

Classified Ads
San Pedro Sun
Ambergris Today
SP Town Council
Channel 7
Channel 5
Love FM
The Reporter
Caye Caulker

TV Newscasts
Radio Stations

Click for our
Search thousands of Belizean-only websites

Event Guides
Event Calendar
Specials & Events
Things to Do
iTravel Belize
Paradise Theater

San Pedro Scoop!
Tia Chocolate
My Beautiful Belize
I-Travel Belize
Belize Adventure
Belize Hub
Romantic Travel
Bound for Belize
Conch Creative
As The Coconuts Drop
More Blogs...
Search thousands of Belizean-only websites
Chaa Creek is an award-winning luxury Belize Resort, rated as one of the worlds best Eco Lodges. We are a pioneer in adventure travel to Belize since 1981!
White Sands Dive Shop - 5 Star PADI Dive Facility - Daily diving, SCUBA instruction and Snorkeling
Caribbean Inspired All Natural Condiments & Spice Blends, Over 100 are Gluten Free!
We manage a variety of homes, apartments, condos and commercial properties here on Ambergris Caye. Our minimum lease on ALL properties is six months.
Conch Shell Inn: All rooms are right on the beach in the heart of San Pedro, so within walking distance to anything and everything!!
Lil� Alphonse has snorkel equipment to fit anyone as well as Marine Park Tickets and flotation devices to assist those not as experienced.
Coastal Xpress offers a daily scheduled ferry run to most resorts, restaurants and private piers on the island of Anbergris Caye. We also offer  private and charter water taxi service.
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28
Cayo Espanto
Click for Cayo Espanto, and have your own private island
More Links
Click for exciting and adventurous tours of Belize with Katie Valk!
Mini Chat
Who's Online Now
1 registered members (1 invisible), 25 guests, and 4 spiders.
Key: Admin, Global Mod, Mod
Forum Statistics
Most Online1,262
Jun 10th, 2007 HELP! Visitor Center Goods & Services San Pedro Town Message Board Lodging Diving Fishing Things to Do History Maps Phonebook Belize Business Directory Picture of the Day

The opinions and views expressed on this board are the subjective opinions of Ambergris Caye Message Board members
and not of the Ambergris Caye Message Board its affiliates, or its employees.

Powered by UBB.threads™ PHP Forum Software 7.6.0