Ian Haylock’s Case Against PM Briceño is Heard

Ian Haylock

Senior customs officer Ian Haylock is suing Prime Minister John Briceño and challenging Estelle Leslie’s appointment as Comptroller of Customs. Haylock strongly believes that he was overlooked and deserves the post based on seniority and experience.  In a three and a half-hour virtual session this afternoon, Haylock was represented by former Prime Minister Dean Barrow who we saw for the first time, since he stepped away from political life, in action in the courtroom.  Former Senate President Darrell Bradley is also representing Haylock.  The government was represented by crown counsel Jorge Matus and Assistant Solicitor General Samantha Matute-Tucker.  The court heard two issues today; the claimant’s application for leave for judicial review and a request for an interim injunction.  For context, we note that before Leslie was appointed to the post, the office of the Comptroller of Customs was made to fall under one-zero-seven of the Belize Constitution.  This gave the Prime Minister, through the Governor-General, the ability to appoint the Comptroller of Customs.  However, consultations with the Public Services Commission needed to be carried out, but Barrow argued in court today that no genuine consultation was had. Barrow contended that the government breached section one zero seven of the constitution since the Commissioner was never adequately consulted and never given sufficient time to respond.  However, Matute Tucker informed the court that the Prime Minister had sent a letter to the Public Service Commission on December twenty-fourth 2020 and requested response no later than December twenty-ninth.  The letter went unanswered, but Barrow argued that the request for consultation was sent over the Christmas holiday weekend.  The Commissioner members most likely did not get the letter.  In her rebuttal, Matute Tucker argued that the post of Comptroller of custom and excise was of urgent national importance. Its continued function was to ensure that forty-five percent of the government’s revenue was not affected. The claimant asks for an interim injunction to be placed on the Comptroller’s office until the matter is fully ventilated and decided by the court. This means that Leslie’s hands to make decisions and carry out her functions will be tied. In her defense, her attorney Senior Counsel Andrew Marshalleck informed the court of the ouster clause which he described as a complete defense against the challenge being brought forward. Marshalleck argued that to seek to challenge them through judicial review or to allow them to be challenged would be to ignore section thirty-four of the Belize constitution. As such, the claimant does not have an arguable case. Bradley argued that the balance of convenience is to leave the position open until the court decides. If there is a failure on the government’s part by adhering to the constitution, then the appointment should be void. Justice James will hand down a written judgment on Tuesday, February ninth.