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Feb 22, 1999

P.M. comments on judicial controversy

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The Prime Minister has commented on the Supreme Court’s ruling that the appointment of Manuel Sosa as Chief Justice was unconstitutional. Prime Minister Said Musa says that the decision to have a private citizen challenge the appointment to the Supreme Court was a private initiative but the government agrees with the court’s ruling. The P.M. reviewed once again his government’s objections to the appointment on August 26th on two grounds: one, that it was unconstitutional since the Leader of the Opposition at that time was not properly consulted and two, that the appointment of such a post after the House of Representatives has been dissolved and on the eve of elections was an abuse of power which erodes public confidence as well as undermines the Constitution. The Prime Minister says that his government consulted regional legal experts who, according to Musa, also believed Sosa’s appointment violated the Constitution. He also notes that the instrument of appointment was signed by the Governor General on the 24th of August, the same day Cabinet Secretary Henry Gordon had written to him as Leader of the Opposition inviting him to Belmopan to discuss the appointment. Musa says that he was advised by those he consulted in the region that taking the matter to the Supreme Court would be the safest course to resolving the issue. He says, however, to avoid unpleasantness the Chief Justice was approached on several occasions before the opening of the Supreme Court on January 18th and asked if he would resign so he could be re-appointed in a manner consistent with the Constitution. The Prime Minister says that Sosa at first accepted the proposal and then later declined. Musa also refuted allegations that Sosa had been barred from his office by police. Musa says the Minister of National Security assures him that Sosa was shown respect by the officers and not hindered from entering his office. The Prime Minister says he would like to assure the people of Belize that the government will fill the vacancy in consultation with the Leader of the Opposition and the Bar Association in the hopes of restoring confidence in the judiciary.

Although Manuel Sosa has declined to offer any comment since he was removed as Chief Justice last week, today he gave his attorney Denys Barrow permission to issue a copy of a letter to the Governor General Sir Colville Young. In it the attorney outlines the manner in which Sosa was served an order from the Solicitor General Gian Ghandi and the way in which police conducted themselves. Sosa told his attorney he was in fact told by two police officers to pick up his belongings and leave the building. Sosa says he proceeded to his former desk at the Court of Appeal and was then told that a phone call had been made to the Solicitor General who said he would have to leave that office also. Sosa told his attorney that to avoid being removed by physical force he asked if he could remain as the guest of Justice Troadio Gonzalez who agreed and then took him home. Feeling threatened he then turned in his government vehicle, keys and other items to avoid having them taken by force. According to Denys Barrow, Sosa sees his removal as a breach of Section 98 of the Constitution which provides that a Justice of the Supreme Court cannot be removed from office except by the Governor General upon the advice of the Belize Advisory Council. Denys Barrow tells News Five they will be seeking Constitutional redress.

In related news, eight members of the Bar Association, including Denys Barrow are petitioning the president, Simeon Sampson, asking that he convene a special meeting to discuss the removal of the Chief Justice.


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