Judges age at time of hearing might affect many rulings

Meanwhile at the Appellate Court, arguments were presented in the appeal of the murder conviction of Elvis Myers. This case has been drawing much attention because it can have a bearing on thirty-eight other rulings, made by Justice Troadio Gonzalez. The grounds put forward by Attorney Hubert Elrington on behalf of Myers, is that Justice Gonzalez had already passed the age of retirement when he heard Myers’ and a number of other cases. Elrington is arguing that the ruling is null and void because the justice had not been reappointed to the bench. The Director of Public Prosecutions, Cheryl-Lynn Branker-Taitt has argued the contrary, that Justice Gonzalez’ rulings are valid based on the De Facto Doctrine. According to Elrington, who objected on a single ground, the doctrine does not apply in this case because Justice Gonzalez had to be aware of his age. We spoke to Elrington this afternoon for an explanation of his submission.

Hubert Elrington, Attorney for Elvis Myers
“There’s a principle which the other side says applies of a de facto judge. That’s a judge who one, is qualified to be a judge, two who everybody considers to be a judge. You know who everybody involved in the proceedings regard as a judge or think the court is a court. If all that is in place and then he honestly acted in good faith, then they would hold that even though he was not validly appointed, they would treat him as a de facto judge rather than as a fully appointed judge and they will validate whatever it is he did.”

Delahnie Bain
“And what is your argument against that?”

Hubert Elrington
“My position is that he had to know two things; he had to know his age and he had to know that he was supposed to retire at sixty-five. He must have known his age and he must have known the law.”

Delahnie Bain
“Would that be sufficient though? Is there any further evidence?”

Hubert Elrington
“Well, that would raise a strong enough presumption that he was acting in full knowledge of his age and in full knowledge of his law. He is a judge at the Supreme Court of Belize. We can’t assume that a judge of Supreme Court neither knows his age nor knows the date he is going to retire.”

Myers was convicted of Murder in November 2007 and sentenced to life in prison. He is accused in the death of Wilfred Slusher and the wounding of P.C. Keith Cruz on December twenty-sixth 2005.