- This topic has 1 reply, 3 voices, and was last updated 12 years, 3 months ago by
.
-
Posts
-
Today’s AM Costa Rica. It’s a little hard to follow but it shows how you can get played. This Brit bought a big chunk that borders Los Suenos Resort. If I am reading it right, four razor sharp, very well connected Tico’s (family of LaNacion owner; also the largest contractor in CR) paid a squatter to sell them the land afterwards. Adverse possession by squatters is a CR nightmare. His You Tube video explanation is embedded, http://www.youtube.com/watch?v=_gWphldDYYI which is now the source of a defamation suit against him. 14 year battle, numerous trials, two appeals. Food for Greengo.
Expat faces defamation charge over YouTube video
By the A.M. Costa Rica staff
“Sheldon Hazeltine, the self-described Anglo-American, who is fighting to keep ownership of land in the Central Pacific, has been served with a criminal notice for defamation.
Hazeltine reported this Wednesday, the same day that a separate criminal hearing against him and his lawyer was postponed in Puntarenas court.
Hazeltine is the man who made a 7-minute, 14-second YouTube video describing his 14-year court fight to keep the land he and his partners own. The video is at the heart of the defamation allegation.
The complaint came from Armando González Fonseca of Curridabat, Fuad Farach Abdalah of San Rafael de Escazú, Ricardo Jiménez Montealegre of Sánchez de Curridabat and Otto Giovanni Ceciliano Mora of Santa Lucia de Barva, Heredia.
The case was filed July 24 by Ceciliano Mora, a lawyer. He said that at trial he will show that the video has offended the dignity, decorum, reputation and good name of those bringing the case. The lawyer notes that removing the video from YouTube is unlikely with the order of a judge, suggesting that he may seek this at trial. The lawyer also entered into evidence a translation of the video by an official translator. The filing also contains statements from those bringing the case that the video has caused damage to family and commercial life.
Defamation in Costa Rica is covered by article 146 of the penal code, which says someone will be penalized with from 20 to 70 days fine for dishonoring another or publishing any sort of material to affect reputation. There also would be the prospect of a civil money award upon conviction.So far, the YouTube video has had 7,519 views.
However, article 149 provides truth as a defense, particularly if the statements are in the public interest.
The filing by the lawyer makes much of his arrest last year. Hazeltine said in the video that according to local newspapers Ceciliano has three convictions and had been detained in December in a case related to drugs, arms trafficking and money laundering. Ceciliano explains in the filing that he was freed in January by a judge because he was a lawyer and the judge said that he was not part of a criminal ring but just exercising his legal profession as a defensor.
Hazeltine has five days to file an answer to the criminal charge with the court.
Hazeltine said by telephone Wednesday that the Puntarenas criminal case was postponed until October. This is a forgery case brought by González Fonseca challenging Hazeltine’s right to represent the corporation that owns the disputed land in a civil case. Hazeltine and his lawyer, Horacio Mejias Portuguez, have been cleared in two trials. But each time the acquittal was annulled on appeal for technical reasons. Even the local prosecutor has supported the pair and says there was no forgery.”
Having been to court on frivolous charges of defamation and slander, I don’t envy Sheldon up against some deep pocketed, influential Ticos with some powerful attorneys on their team…
Scott
When free speech collides with public welfare,it is a point at which a culture decides which of the two things is more important. In Costa Rica, individual honor is, perhaps, considered more an integral part of public welfare than say in the US or the UK.
The author James Michener once wrote that the Anglo Saxon culture of the 18th century tended to put country first, then god and finally family. The Latin cultures ordered this in reverse; family first (personal dignity and integrity), then god, and finally, country.
I have noticed that Costa Ricans are terribly polite, sometimes to the point of ridiculousness. A Tico might tell an obvious lie in order to avoid hurting someone’s feelings over a trivial matter. It is socially incorrect to do otherwise. So it makes sense they would have strong anti-defamation of character laws to maintain this cultural bias.
On the other hand, respect for others’ time is apparently not part of the Costa Rican social contract. I wonder if the CR laws are biased in breech of contract cases where tardiness of completion is at issue?
- You must be logged in to reply to this topic.
