There's more than 1 that have been granted residency and even citizenship while being a wanted felon somewere else.

Yep, so sad but true.

And then what happened? Once it was revealed that those had lied upon their application, were they given "due process" in Belize to defend their right to retain their permanent residency, or were they deported?

Why are you so concerned about this seashell? Got a problem?

I'm not concerned, I'm interested. There's a big difference.

Karol Mello Freed, Then Re-Arrested

Karol Mello has been fighting his expulsion from Belize since he was picked up in San Pedro on July 11th. And today was supposed to be his big day: the day the Supreme Court gave its decision on the Habeas Corpus application by his attorney Godfrey Smith.

The application required the state to prove that it had legitimately imprisoned Mello - who is a permanent resident of Belize. 7news was at the court today to hear the Judge's decision and Daniel Ortiz has this report:...

Daniel Ortiz reporting
Today is the expiration day of the injunction to stop the Immigration Department from expelling the Slovak detainee, Karol Mello.

But that is of no consequence because the Supreme Court has ruled that the Government of Belize has been illegally detaining him.

Mello's wife, Zuzana - who has been his interpreter to his attorney - was again present at the Courthouse - but Karol Mello was not there today.

In his absence, the strength of the arguments from his attorney, Godfrey Smith, was sufficient to convince Justice Legall.

Viewers will remember that the Minister of Immigration, Hon. Godwin Hulse, told 7News that even though The Slovak Republic has no Extradition Treaty, Mello should quote "Face the music".

Well, that statement proved pivotal: The court ruled that it cannot allow his expulsion without the proper procedures.

Andrew Marshalleck - Attorney for Karol Mello
"The minister exercises the power to expel improperly in that he was motivated in his decision by an improper purpose. If the purpose is to send somebody off to a foreign country to face criminal charges the legal proceeding by which that is done is by extradition and what you can't do is used immigration powers to accomplish an extradition. So the judge says that's an improper purpose - those decisions are no good Mr. Mello needs to be release on that basis."

Daniel Ortiz
"Sir, can they just re-arrest him and try to make a next attempt?"

Andrew Marshalleck - Attorney for Karol Mello
"A next attempt conceivably, but the trouble is how can you after receiving the request from Slovakia for extradition now suggest to anybody and have them believe it that you are acting out of some other purpose other than just merely to satisfy that request - you are right back to the improper purpose for which the entire action was motivated which erodes the illegality of it from its very foundation."

Reporter
"So generally the government jumped the gun?"

Andrew Marshalleck - Attorney for Karol Mello
"No, it's not that they jumped the gun. It's that you are not able to use immigration powers to accomplish extradition. If you want to extradite somebody to face charges you need an extradition treaty and there are procedures in the extradition act which must be followed. When you seek to deport a person, what you do is circumvent all the protections built in to the extradition law and that the court is clearly not prepared to countenance. That is unlawful and the judge made it very clear if Slovakia wants Mr. Mello then the Belize government wants to hand him over Belize and Slovakia needs to make an extradition treaty and the provisions of the extradition act need to be followed."

Even though this attempt to send Mello back Slovakia failed, his legal team has no doubt that there is nothing to stop them from re-arresting him.

Andrew Marshalleck - Attorney for Karol Mello
"Anybody can always be arrested on new charges. What they can't do is seek to hand him over to Slovakia exercising immigration powers."

Daniel Ortiz
"Sir what is a foot right now? Is there any steps taken for his immediate release?"

Andrew Marshalleck - Attorney for Karol Mello
"Steps will be taken for the writ of Habeas Corpus to be issued and for his immediate release. The judge has ordered his release."

But to counter this and to seek reinstatement of his legal status in Belize, Mello's attorneys have already put forward a legal challenge to Minister Hulse's decisions.

Daniel Ortiz
"Since they have revoked his status here in Belize, what is his position legally?"

Andrew Marshalleck - Attorney for Karol Mello
"That decision too is tainted by the same improper purpose and is also vitiated."

Reporter
"Is it inconceivably too to say that they haven't illegally revoked my permanent residence for whatever reason?"

Andrew Marshalleck - Attorney for Karol Mello
"Those suits are already before the court. There is already judicial review application seeking to review the minister's decision on the basis that Mr. Mello's rights were not acceded to."

And as soon as the hearing was over, Mello's wife, Zuzana, rushed off to make preparations for her husband to be released from Prison.

That happened at around 10:45 this morning - but he was not set free, when he was taken away by police - reportedly to be processed for the new charge.

And as was predicted by all observers, instead of the authorities releasing Karol Mello, as was ordered by Justice Legall, he was removed from the Hattieville Prison in a police vehicle, and taken to the Queen Street station for new charges to be brought against him.

The efficiency with which it was done suggests that it was already set up as a back-up plan, in the event that the Government of Belize lost the case before Justice Legall.

And so, at around 3 p.m. this evening, 42 year-old Karol Mello, a resident at the Cloister's Resort on San Pedro, was taken before Senior Magistrate Sharon Frazer, where he was arraigned on 2 charges: perjury, and uttering a passport which he was not entitled to utter.

According to the Immigration Department, when Karol Mello went to complete the application form for permanent residence on September 17, 2011, he perjured himself by willfully offering information about his Slovak passport, #3191427, saying that it was valid until November 26, 2011, knowing that the information was false.

The Immigration Department further alleged that on the same date that he used the passport for the application, with knowledge that the Slovak Government had withdrawn its validity on or around the date of July 18, 2011, thus using a passport which he was not entitled to.

Mello and his attorney, Andrew Marshalleck, believe that GOB continues to detain him illegally, hoping that these charges would stick this time.

The media spoke to Marshalleck outside of court, here's what he told us about the refusal to release him this morning, and the subsequent charges which were brought.

Andrew Marshalleck - Attorney for Karol Mello
"He ordered the immediate release of Mr. Mello. Instead of the authorities release him they spirited him away from the Hattiville prison and they took him to Queen Street police station and they levied two charges on him. The charges that were levied were one alleging perjury that some information on the application form for permanent residence was incorrect and the second was using a passport that was supposedly was invalid. The response from Mr. Mello to that of course is that even if his passport is invalid, he had no idea of the invalidity. Apparently the authorities are saying that the passport was somehow withdrawn by the government of Slovakia but of course Mr. Mello were never informed of that and in those circumstances we failed to see how you could even allege perjury much less knowing using a document that something is wrong with it."

"In effect the charges were laid simply as a way of legitimizing the detention which by order of the magistrate now is now lawful. So they may now lawfully keep him in prison until the next schedule hearing date for these two charges."

"Apparently the application for permanent residence was made in Belmopan, so that the application form that they allege to contain untrue information was delivered to the authorities there. They are saying the offence happened there and its being transferred to the Belmopan/Cayo judicial district."

As noted in the interview, Senior Magistrate Frazer, after listening to the submissions from both the prosecution and from the defense attorney, denied Mello bail, and adjourned the case until August 20.

This matter will be heard before the Belmopan Magistrate, who will then decide if Mello is entitled to bail at that time.

Channel 7

Karol Mello Finally Freed

37 days ago, the Government of Belize arrested Slovak National Karol Mello in an attempt to hand him over to authorities in his country of origin. Tonight, though, things have taken a turn: he is free from prison and out on bail.

As we have reported, Mello fought the expulsion order which was issued against him by Minister of Immigration Hon. Godwin Hulse, and won.

Justice Legall ruled that the government was detaining him illegally.

But before Mello could even hope to be released from the Belize Central Prison, authorities charged him with 2 immigration offences: perjury and uttering a passport which he was not entitled to utter, both in relation to his Slovak passport which was reportedly withdrawn by the Slovak Government.

When he was arraigned, the Senior Magistrate denied him bail on the grounds presented to her by the prosecution. This gave GOB 7 more days which they were entitled to detain him, but Mello pushed through for a bail petition which was heard today before Justice Hannomansingh - and he was successful.

After his petition hearing, the media spoke to his attorney outside of court about his submissions which used to convince the judge. Here's what he told us:

Andrew Marshalleck - Attorney for Karol Mello
"The most important thing is that Mr. Mello has been granted bail. After all the paper work is done he should be release unless of course somebody decides maybe to charge him with something else, it's important for that reason. It is also important because just looking at the papers and a cursory look at the material before the court demonstrated that the charges are really very frivolous."

Daniel Ortiz
"Sir, can you please walk us a bit through the submissions you've made in which you convince Justice Hannomansingh to grant bail?"

Andrew Marshalleck - Attorney for Karol Mello
"I think given the fact that the nature of the charges was such that one charge cannot succeed because its beyond limitation, period, and the other charge of perjury is highly suspect given that the documents which allegedly contains the false information weren't signed under oath and can't support perjury and given the fact that Mr. Mello has a constitution right to his liberty. Those are think weighed in favor of granting him bail."

"The magistrate herself recognizes it when Mr. Mello was arraigned before her in that the 6 month limitation period for bringing such a charge is long since passed."

Daniel Ortiz
"Sir, I also heard you made certain submissions about the perjury charge. Can you tell us the significance of your arguments? Why exactly is it that you felt the need to point this out to the Justice?"

Andrew Marshalleck - Attorney for Karol Mello
"To demonstrate that there are no serious charges. It weighs in the balance. There is no real reason to keep Mr. Mello in prison when he is facing these charges that are really of no serious moment."

Daniel Ortiz
"Sir, you also mention that the defendant is bringing certain claims against the government and the attorney general in relation to the detention. Can you explain to us about that?"

Andrew Marshalleck - Attorney for Karol Mello
"Those claims are already brought. There are two claims pending and of course the revocation of his permanent resident status still remains to be resolved."

Mello was granted bail of $10,000 with the condition that he must surrender all his travel documents and report to the San Pedro Police Station every Friday until the completion of his trial.

He was processed and released from prison just before 3 p.m. today. Mello must present himself before the Belmopan Magistrate on Monday, August 20.

As was noted in the interview, Justice Hannomansingh has agreed with Mello's attorney that the case against him for these 2 immigration charges is weak. It was one of the major premises for the granting of bail.

Justice Hannomansingh commented that the uttering a passport charge is statute barred because the 6 months' limitation has already passed, since GOB is alleging that he committed it in September of 2011.

Channel 7

Karol Mello Free Of Charges

Last week Friday, reputed international gangster Karol Mello, got bail.

But tonight - he's not on bail anymore; and that's because he doesn't need it, the Slovakian with Belizean permanent residence is free of charges.

Today, in an unexpected move, the 2 immigration charges against him were withdrawn - and it appears to be one more mis-step in a case that he been full of them.

Viewers will remember that the Sol Gen's office used these charges to keep him locked up after he won the habeas corpus case before Justice Legall.

But, on Friday in the Supremem Court, Justice Hannomansingh had already made it clear that the charges were weak and today in Belmopan Magistrate's court the police prosecutor announced to the magistrate that his instructions were to withdraw the charges.

We spoke to his attorney outside of court about what this acquittal of all criminal offences in Belize means for the Mello family.

Here's what he told us:

Godfrey Smith - Attorney for Karol Mello
"Karol Mello was granted Habeas Corpus, which means he was ordered to be released from prison. Following that, the State Government brought 2 charges against him for perjury and for uttering upon a passport that was not valid. He was granted bail, and this morning was set for the commencement of the prosecution in relation to those charges. Essentially, what transpired in court, is that the prosecution informed the Magistrate that they had no instructions to prosecute this matter, and the Attorney General Ministry, being responsible for civil matters, obviously didn't have the power to prosecute the matter. The Magistrate asked the prosecution to reconfirm what his instructions were, and the prosecutor came back to report to the Magistrate, that based on the fact that the DPP's Office was not going to have the matter prosecuted, that his instructions were from the AG Ministry that the charges should be withdrawn. So, in relation to the charge of uttering, that has been dismissed by the Magistrate, and in relation to the perjury, that has been withdrawn. It is open to the state to bring back the charge of perjury, if they so wish at a later time, but not in relation to the charge of uttering on an invalid passport. So, as the matter now stands, there are currently no criminal charges pending against Mr. Mello."

Daniel Ortiz
"Sir, this is an extremely strange turn of events. I was at all the sittings, and the Attorney General Ministry - and the prosecution, it would seem - was gung ho for Mr. Mello to be expelled, and now that this matter has been brought to the Magistrate's Court, it has strangely been withdrawn. What should be taken from this?"

Godfrey Smith
"I think really that's a matter for the DPP's Office, and the AG Ministry to explain. My own personal view is that it's a matter of the AG Ministry not - well - trespassing on the criminal jurisdiction of the DPP's Office, not consulting, doing its own thing and then throwing the file on the DPP's Office and saying, 'Well, we've done all of this. Go ahead and prosecute.' That's what I think happened."

Daniel Ortiz
"Sir, I was keeping abreast of some of the articles from the Slovak Republic and Europe, and some of these articles show us in a very poor light. It makes it seems as though we are harboring a criminal in our country. Does this withdraw sort of advance that image to the International Community?"

Godfrey Smith
"Well, I am not sure that I am positioned to speak to that at all. I am Mr. Karol Mello's attorney, and legal advisor. My job is to ensure that before he is removed from Belize, or if charges are brought against him, he is accorded his rights under the law. And that's all I've been concerned to do."

Daniel Ortiz
"Sir, so what is the next step? What can the DPP do in terms of continuous criminal prosecution against Mr. Mello?"

Godfrey Smith
"That's a matter for the State, the DPP's Office and the Police. We just have to wait and see what the next move will be, if any."

Daniel Ortiz
"I imagine that the family is relieved that these charges are withdrawn and struck out. What is their position at this current moment? Will they continue to reside in Belize? What can be done for Mr. Mello's residency which was withdrawn by the Belizean Government?"

Godfrey Smith
"We haven't had time to look at that, but in relation to the first part of your question, his intention is to stay in Belize. So, the authorities and the State need not harbor any fears that he intends to flee. He does not intend to flee, and any charge that is brought, we intend to face and deal with here in Belize."

We contacted the Director of Public Prosecutions who declined comment. We also attempted to contact the Solicitor General and the Deputy Solicitor General, and we were informed that they were unavailable.

But, bottom line it appears that as smith says, the Sol Gen's office brought the charges - which is irregular in itself - and did not consult with the DPP's office. So when time came to prosecute, no prosecution could be made because - as we understand it - the DPP's office had not been consulted on nor had they even seen the file.

Channel 7

Karol Mello Gets Permanent Residence Restored

Last month, we told you about the Immigration Department withdrawing all charges against Slovak National - and reputed mob boss - Karol Mello.

The withdrawing of the charges signaled the end of fight from the Government of Belize in trying to eject Mello from the country. Well, there was still the issue of Mello's permanent residency's revocation, which remained in effect, and which was done by the Minister of Immigration, Hon. Godwin Hulse.

Mello and his attorneys filed a claim a few months ago in the Supreme Court, in which they were going sue GOB to get back his permanent residency status.

But, before the opening arguments for the start of the trial, which was scheduled for today, the Government Crown Counsel notified the court that the Minister of Immigration reversed it.

This meant that the permanent residency was restored, and this was yet another abrupt end to the case.

We spoke to Mello's attorney outside of court to get an explanation, and here's what he told us:

Godfrey Smith, Attorney
"This morning the counsel for the government informed Mr. Justice Legall that the minister of immigration would be withdrawing the letter of revocation of permanent residence of Karol Mello that had been issued on July 16th. With that development it means that the case will come to an end because by the act of the minister withdrawing his letter of revocation it means that Mr. Mello's permanent resident status will remain valid and in place. With that we will issue a notice of discontinuance and that will be the end of the matter - I believe the last chapter in this case as it were."

Daniel Ortiz
"Sir, today was set as the day for trial. Did they - the counsel for the government indicate why they withdrew their claim?"

Godfrey Smith, Attorney
"I think it was fairly obvious, basically the same reasons why Karol Mello was able to get Habeas corpus would help in this case. It's pretty obvious that the revocation of his permanent residence was done without giving him a hearing. He has a right to be heard - those were very basic and an in-escapable point, so I think actually the matter was handled professionally and the way it ought to be in terms of not wasting court time on a fairly obvious matter."

Daniel Ortiz
"In terms of the practicality of this outcome, does Mr. Karol Mello have the document in his hand that says he is a permanent resident?"

Godfrey Smith, Attorney
"Well he doesn't yet but by the end of today we expect that all of those formalities will be completed."

Daniel Ortiz
"What's the next step for the family? I know that they continue to reside in Belize. Will that remain the case as your indications are from them?"

Godfrey Smith, Attorney
"That's exactly the point. They always have an interest that never flag, that never faltered and I expect them to continue to try to live and earn a living in Belize."

Daniel Ortiz
"During this trial Belize has heard some of the issues that followed Mr. Mello coming from his home country - his country of origin in which many serious and ghastly allegations were made against him and his personality and his dealings while in a country. Is there at any point that in the foreseeable future where the family will decide will speak to the public in Belize and say look this is who we are?"

Godfrey Smith, Attorney
"I imagine that's a possibility but we will have to cross that bridge when we get there."

As noted in the interview, the formalities of releasing the permanent residency card should have taken place by the end of the day.

Channel 7

How does this work? It was my understanding that to get "permanent residency", the person had to spend one year in BZ without leaving more than 14 days within that year. Foreign news reports place Mr. Mello outside of BZ from approx. Oct 2010 to late June 2011, yet applied and was originally granted in Sept 2011. What will happen now? Is it really over?