Attorney speaks on application before the court for appointment of Justice Awich

Samuel Awich

It is not often that judges’ names are bandied about in the public forum, largely because they are considered sacrosanct. Speaking on the conduct of those judges is a walk on hallowed and dangerous ground. But Justice Awich seems to be in the news a lot lately, and today he was the subject of an application in Court before one of his colleagues. In what would amount to a landmark ruling, BCB Holdings is asking that the appointment of Awich be taken before the Belize Advisory Council for investigation. Godfrey Smith, who is the attorney for BCB Holdings, provided the basics of the application this morning outside the court of Justice Courtney Abel.

Godfrey Smith, Attorney for BCB Holdings

Godfrey Smith

“This is a challenge to a decision of the Judicial and Legal Services Commission. In 2012 a complaint was made to the Judicial and Legal Services Commission about Justice Awich. The complaint was that the Judicial and Legal Services Commission ought to exercise its powers under the Belize Constitution to consider whether there was a sufficiently serious allegation of misbehaviour and/or inability against Justice Awich. And if it found that there was a sufficiently serious case made out, to refer the matter to the Belize Advisory Council who would then investigate whether the judge ought to be removed. The Judicial and Legal Services Commission did not refer the complaint. It in effect dismissed the complaint and said the complaint was premature and misconceived because it raised complaints against the judge while he was a Supreme Court Judge, and he was now a Court of Appeal Judge. We have sought to challenge that by bringing a public law action saying that the Judicial and Legal Services Commission got it wrong, that there are certain tests to be applied, that once there is a sufficiently serious material before the Commission then it ought to refer it. It’s not the Commission’s job to determine whether the complaint is true or not…once there is sufficient material then it ought to refer the complaint. Among many other things we pointed out in this case that there were a number of judgments from the Court of Appeal in which judgments of Justice Awich were criticized in a severe manner and that along with everything else constituted…the Bar Association resolutions etc. Constituted sufficient material for there to be a further investigation as to whether the conduct complained of amounted to inability or misbehaviour.”

Justice Courtney Abel has promised to deliver his judgment before the end of July.