Chief Justice rules against Meerabux
The verdict is in on the Meerabux case and the Governor General has been given the green light to carry out his responsibilities under the constitution. Chief Justice Abdulai Conteh rejected the arguments of lawyers for Judge George Meerabux, who claimed that the actions of the Governor General in considering complaints of misbehaviour against Meerabux, had violated his constitutional rights. In ruling for the Attorney General and Bar Association, the Chief Justice explained that while Meerabux is entitled to his rights under the concept of natural justice, these can be safeguarded by the Governor General and Belize Advisory Council in the exercise of their constitutional duties. Attorney General Godfrey Smith said that the verdict came as no surprise.
Godfrey Smith, Attorney General
“I must say that we are not really surprised by the judgement of the Chief Justice because from the outset, having looked at the declarations sought by the applicant and as argued for by his council, we had formed the very early impression that? In fact it was all premature because all that had happened and all that has happened up to this point, is that a letter has been sent from the Governor General to the judge saying that he is in receipt of certain complaints, copying the complaints to the applicant and saying that he is minded to refer it to the Belize Advisory Council. Up until this time there has been no referral and the judge has not been suspended.”
“It’s entirely a matter for the Governor General. As it is set out in the constitution, it is pretty straightforward, we believe that he considers whether the matter should be referred. He looks at the material before him and he decides whether or not to refer it. If it is referred, it them becomes the obligation of the Belize Advisory Council to do the investigations, to consider the facts and after it comes to a conclusion, to advise the Governor General on the proper course of conduct.”
Stewart Krohn
“Does the government take any position on merits of the case then?”
Godfrey Smith
“The government cannot take any position on the merits of the case because it is entirely a matter for the Governor General and the Belize Advisory Council. My role as Attorney General in a situation like this where the state as it were has been sued is to appear before the courts and make statements as to what the correct legal position is, which is what we believe we have done without taking any position on the merits of the case.”
Stewart Krohn
“The length of time that the Chief Justice spent in hearing the case and the extraordinary length of time he took to deliver his opinion–over two and a half hours–suggests, and even in his own words, that this was a very important constitutional case. How does you ministry feel about that?”
Godfrey Smith
“By any standards, whether in the Caribbean or in the entire Commonwealth, it is an important case, it is a historic case. It is not everyday or every year indeed that this kind of thing happens. The question as to how my ministry feels? Well we were tasked with the position of appearing before the court, that was our duty to state the law as correctly and properly as we could, to assist the court to coming to a just decision, and we believe that we’ve done that.”
For his part, Meerabux’s attorney, Kirk Anderson told News 5 that the news was not totally bad for his client, saying it was significant that the Chief Justice clarified some aspects of procedure to be followed where the constitution is silent. The Chief Justice, while complimenting both sides for the quality of their legal work, nonetheless ordered Meerabux to pay all lawyers fees. It is now up to the Governor General to decide whether or not to submit a recommendation for dismissal to the Belize Advisory Council.
