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Ten years, that’s the sentence that attorney Oscar Salgado faces for soliciting murder. On March 8, Judge Nigel Pilgrim handed down the sentence after Salgado was convicted in the Belize High Court. In his summing up, Judge Pilgrim explained that the maximum penalty for the crime is life imprisonment, even if there was no actual murder. Judge Pilgrim then explained that his sentence started at 13 years, but was later increased by three years due to aggravating factors such as criminal premeditation, his repeated solicitation of hitman Giovanni Ramirez, and his breach of public trust as a lawyer. On the other hand, Judge Pilgrim noted that mitigating factors in his favor included his upright character, his years of public service, and his positive impact on the community. All considered, six years were reduced from his sentence. As for health factors, specifically his diabetes and high blood pressure, Judge Pilgrim said that these illnesses were not enough for the court to interfere with sentencing. Attorney General Cheryl Lynn Vidal said she was satisfied with the ruling but was aware that the appeal process was about to begin.
Attorney General Cherly Lynn Vidal: “We are pleased with the outcome of the sentence and I think it is well reasoned. In sentencing the judge has to take into account the aggravating and mitigating factors of the offence and the aggravating and mitigating factors of the offender. So the judge has to take all of those factors into account and the fact that he has made a significant contribution to the criminal justice system to date is a mitigating factor. We feel that the final sentence is proportionate to the aggravating and mitigating factors in the case. I believe that case management will be arranged and then orders will be made in relation to submissions and then a date will be fixed for the hearing of the appeal.”
Attorney Arthur Saldivar said Sergado’s legal team now has 21 days to proceed with the appeal and that the team has a lot to consider. He said he felt the 10-year sentence was too long and the strength of the evidence would be an issue to be discussed in the appeal.
Arthur Saldivar, Attorney: “This marks the end of the first phase of Mr. Sergado’s defence. Mr. Sergado firmly believes that what happened was not legally justified and so he has appealed. So we are now at the stage where we are considering the appeal because there are certainly things that need to be considered in terms of procedure. I don’t know that he has not considered it. The fact that he mentions it is a consideration in itself. The weight that he places on it may not be what one would expect. But again, he is guided by precedent. What we have to remember is that once a conviction is made, there are certain parameters that the court has to follow in making its decision. Nothing that the learned judge said in making his decision leads me to believe that he did not consider those parameters. So in terms of my expectations and what he said and the outcome, I think the scope of his considerations is reasonable. However, I do think that 10 years is a bit too long. Now that the conviction is established, one might think that the evidence is strong because the conviction is the result. But the standard of evidence is something that has to be assessed, especially when it comes to something as important as personal liberty. The standard has to be proved in accordance with the importance involved. So when we have a situation where most of what is presented is hearsay, there has to be greater scrutiny and attention because there is a greater potential for injustice to be done.”
Celgado was on trial for hiring hitman Giovanni Ramirez to kill Belize City resident Marilyn Barnes. It was revealed during the trial that Barnes had reported Celgado to the General Legal Council, the body responsible for disciplining lawyers. Barnes accused Celgado of sexual misconduct toward a male intern at the Ombudsman’s office. Giovanni Ramirez later told Police Commissioner Chester Williams about the arrangement, after he extorted money from Celgado but did not carry out the murder. Ramirez said he feared for his life because it appeared that Celgado had hired another hitman to kill him. The court accepted the prosecution’s submission that Ramirez did not want to testify because he feared for his life, so his statement to the police was admitted into evidence. The prosecution secured a conviction despite significant problems with the evidence, including the alleged disappearance of audio recordings between Ramirez, Police Commissioner Williams, and the DPP.
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