OPEN SEASON! Judiciary Under Attack from Barrow Administration

“The Judiciary therefore, views with dismay and disappointment, the attempts from several quarters to undermine the public’s confidence in the Judiciary, all in the name of delay in the delivery of judgments…This has resulted in a virtual declaration of an open season on the Judiciary. This unfortunate and regrettable development reached a high point earlier this year when no less than the titular head of the Bar as a profession, the Attorney General himself, on a formal occasion in open court, launched a wholesale attack on the Judiciary and the Magistracy and even charged the latter of dispensing only injustice. This, the Judiciary viewed as more than “ruffling few feathers”. It clearly sounded like an open and clear call to undermine the Judiciary.” – Statement by Judges, October 5, 2009

It is unfortunate to report, but Belize as a nation and as a society continues to deteriorate and worsen. Politically speaking, this is due in large part to the incompetence and malicious nature of the Prime Minister and his mediocre ministers. Never before in the history of our country have the Judges of the Supreme Court felt so compelled by the disturbing trend of downwardness that they have published their considered views in a press release. This 4 page document sent to all sections of the media is entitled “Statement by Judges of the Supreme Court” and is dated 5 October 2009. It comes with a cover letter dated 6 October signed by the Registrar General who is Clerk to the High Courts.

The Judges’ Statement is as disturbing as it is historic. It is an eye-opener into the third branch of government just eighteen months after the U.D.P. took office. The immediate catalyst of the Judges’ concern stems from the extra-ordinary and even suspect behavior of some lawyers in the Bar Association. These lawyers, no more than eleven, in a profession of over one hundred, may have succeeded in giving both the Bar and the Judiciary a black eye. They held a meeting a few weeks ago and proceeded to discuss and agree among themselves to “expose” those judges who had outstanding cases and to go so far as to invite the politicians of the government through the Attorney General to discipline such judges. A draft Resolution calling on the Governor General to dismiss one of the Judges was actually sent out on internet circulation. Needless to say those matters found their way into the media.

Belize’s media has a thick sensational streak. Channel 7 shows all the gory details including bloody street pavements and grieving families as part of its daily diet. Name calling and personal attacks are the common breakfast of most morning radio shows. It was not surprising then to see photos of all of the nation’s Judges paraded on the television screens along with the number of their cases awaiting decisions. Never mind that all Judges had  in the most trying of circumstances and shortage of personnel, dispensed with hundreds of cases each; they were nevertheless made to appear to be at fault for eight or twelve unfinished cases.

And who could be behind these very junior inexperienced lawyers who have hurt the image of the Judiciary? Speculation is that the Barrows are behind it. Denys Barrow’s daughter is Secretary of the Bar at this time. The Resolution came from that direction. Prime Minister Barrow recently appointed his brother to be a Judge of the Court of Appeal, pushing aside the more experienced Judge Boyd Carey to make room. It is of further curiosity that the Chief Justice’s age was released as part of the coverage aired on television. The Chief Justice reaches 65 years next year, an age when his continued appointment has to be renewed. It is no secret that PM Barrow wants his brother to become Chief Justice. God forbid!

Disrespectful Prime Minister

“Without a doubt that is going to be appealed, we’re going to appeal that. I completely disagree with the Chief Justice. I don’t know how passing constitutional amendments in the form and fashion that the constitution decides can be unconstitutional. But we will wait on the Court of Appeal to make its finding. Let me just say that I am confident that the Chief Justice’s judgment will be overturned.” – PM Barrow on Ruling of CJ in Land Rights Case

On February 16, 2009, Prime Minister Dean Barrow was on national television, very publicly and aggressively casting aspersions on the judgment of Chief Justice Abdulai Conteh, simply because the Chief Justice’s ruling had gone against GOB in a case that Barrow was determined to win. His disrespect for the judiciary, and specifically for the Chief Justice was apparent and on open display.

Disrespectful Attorney-General

Attorney-General Sedi Elrington has made no secret of his resentment and disrespect of the judiciary. He appeared as recently as tonight (Thursday, October 8, 2009) to cast aspersions on the integrity, competency and commitment of sitting judges. Elrington also took a shot at the Chief Justice, naming the person who he will be backing for the post of Chief Justice when CJ Abdulai Conteh reaches retirement age next year. Elrington has been openly critical of the judges, which is seen by that body as undermining their very credibility and the high standing of the judiciary.

He doth protest too much…

On Saturday, October 3^rd, as the Prime Minister was interviewed at the UDP ‘hearing’ of Mayor Zenaida Moya, he appeared outraged that Ms. Moya would dare to accuse him of tampering with the judiciary, so to speak, by using his influence with the Director of Public Prosecutions to lay charges against her. But just the week before, Barrow himself had confirmed to the media that he had met with the DPP and she had assured him that charges would be laid by the Friday of the following week. As a political figurehead, Barrow should have had no meeting with the DPP or been able to extract any sort of timeline for pressing charges against the Mayor. As the Mayor rightly charged, it smacks of political interference and undue influence on an officer of the court, the DPP.

The letter from the Judges, then, comes at a time when Barrow is already being accused of political interference in the judiciary. Add to that the fact that Barrow recently appointed his brother a Justice of the Court of Appeals, sprinkle in the proposed amendments to the Constitution which would take away the security of tenure of judges and make them susceptible to the whims of politicians, and there seems to be a mounting credibility to the statement that open season has been declared on the judiciary.

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