Judge Meerabux rules against Musa
It was a day that will be long remembered in both the judicial and political history of Belize. Justice George Meerabux, rejecting motions made by Opposition Leader Said Musa, ruled that the House of Representatives has the power to punish Musa for contempt and the judiciary does not have the power to interfere with the internal running of the legislature. The ruling, which had been leaked to the press on Wednesday, was partially based on the practice of the British House of Commons, even though Belize’s Constitution, laws and standing orders of the House make no mention of such broad powers to punish. The decision did not surprise most observers of the legal system as it appeared from the case’s outset in November that Justice Meerabux was most reluctant to get into a tangle with the Government of the day. But in choosing not to get involved with the workings of the legislature, his decision left many legal minds wondering what rights, if any, remain to that body’s minority members. So with such weighty issues at stake it was no surprise that tensions this morning were running extra high. Patrick Jones was on hand to file the following report.
At one point the courtroom was packed with no less than 24 members of the bar, but by the time Judge Meerabux finished reading his decision no more than five remained. The defense team had walked out early on, when it became clear that the judge’s concept of justice did not square with what the lawyers had been trained to expect.
Eamon Courtenay, Musa’s Defense Attorney
“Mr. Musa isentitled to a hearing. We wanted to have a hearing. That is why he filed the papers in court. He has been denied that hearing and so we are not going to participate in that charade.”
But before departing Senior Counsel Eamon Courtenay delivered to Justice Meerabux what had to be the most stinging rebuke ever heard in a Belizean court of law. Courtenay informed the judge that he would be formally seeking to have him removed.
Eamon Courtenay
“We as always will abide the proper procedure. The proper procedure is to write the Governor General. We are going to present him with all our evidence and then we’re hoping that the Belize Advisory Council will be convened to investigate the matter…we will put before the Belize Advisory Council all the evidence that we have against this judge to support our claim that he has been guilty of judicial misconduct and we’re going to ask that he be removed from the bench.”
Patrick Jones, Reporting
“Justice Meerabux seemed prepared for the challenge, “This is highly contemptuous,” he told the court, and proclaimed, “I am not afraid to do my duty.”
And that duty squared precisely with the wishes of Solicitor General Gian Ghandi. Having heard all his arguments echoed in the judge’s decision, Ghandi could not help but comment on the action in the courtroom.
Gian Ghandi, Solicitor General
“And I’m very surprised this morning that they conducted in a manner which I think is unprofessional and also they left the court without getting the judges permission which is quite wrong. Our legal profession accepts you cannot leave the court unless the judge says you can do that. They left the court and then they started to make big scene, which I think is most unprofessional.”
Patrick Jones
“Unprofessional perhaps, but for Said Musa and the PUP the stakes have never been higher.”
Godfrey Smith, P.U.P. Secretary General
“We’ve seen this kind of thing happen before where there has been collusion between judges and politicians of the United Democratic Party government; not a surprise because in fact your TV station featured highlights of what was already in the judgement so certainly it doesn’t come as a surprise.”
Also no surprise is the mood of the indignation that has swept through the PUP ranks.
Eamon Courtenay
“Mr. Musa will not respect the summons that has been sent by the National Assembly. What Mr. Musa will do and what the party will do will be discussed during the course of today.”
And tomorrow the drama continues in Belmopan. Patrick Jones for News Five.
How the drama will play out at Friday’s House Meeting in Belmopan is not clear. The P.U.P. has called upon all its supporters to be on hand in the nation’s capital and the mood is likely to be a defiant one. Judging from his lawyers’ statement we can assume that Opposition Leader Said Musa will not be on hand in the chamber, but we are not sure about his fellow P.U.P. members. Speaker B.Q. Pitts is expected to hand down a sentence which could range from a mild reprimand to a stretch behind bars. But in what could be an interesting irony, if Musa is ordered to jail, who will send him there? The speaker has no power over the police and by the judge’s own words the courts cannot interfere in the workings of the House. It looks like the final resolution of this dispute may have to wait until election day.
