The Supreme Court Allows Lord Ashcroft to Join Redistricting Challenge
Lord Michael Ashcroft
The Supreme Court this afternoon granted the application put forth on Monday by Senior Counsel Andrew Marshalleck on behalf of Lord Michael Ashcroft. Ashcroft will now be included as an interested party in the redistricting case of the Belize Peace Movement against the Elections and Boundaries Department. Chief Justice Kenneth Benjamin ruled that Lord Ashcroft met the Court’s requirements in putting forth sufficient reasons why he should be added to the case. The CJ agreed that Lord Ashcroft is a citizen of Belize with substantial business interests here and that he intends to vote in the upcoming General Elections were solid reasons why he should be added to the case. Lord Ashcroft, like the members of the Belize Peace Movement, wants to see the electoral divisions as equal as possible in the number of registered voters. Presently, there are some constituencies with as few as three thousand voters, as opposed to others that have almost three times that number. As a result of his inclusion in the case, Lord Ashcroft will be allowed to make submissions and to provide evidence in support of the claim. Lord Ashcroft has also been given leave to apply to produce expert evidence in the case. Marshalleck explained to reporters following the ruling what kind of material the “expert evidence” may include.
Andrew Marshalleck
Andrew Marshalleck, Attorney for Lord Michael Ashcroft
“This type of claim is new or unique to Belize. It’s happened elsewhere; in fact, it is ongoing in other parts of the world and there have been particular way of dealing with it. One, the expert studies the distribution just as the Elections and Boundaries commission should and determine whether or not the districts, as drawn, meet the constitutional requirements. Once that analysis is done, then the next step is what needs to be done in order to bring it into compliance. And normally, there is range of possibilities so it is about presenting all of that so that everybody fully appreciates just how mal-apportioned the divisions are and just what steps can be taken to correct it.”
Reporter
“Sir, so is there a situation where the parliament increases in size to get more representatives to represent the population?”
Andrew Marshalleck
“No, the Constitution fixes the number of constituencies. It is fixed at thirty-one and it can’t go below twenty-eight without constitutional amendment. The redistricting is about making sure the divisions are drawn within those parameters to ensure that the effect of each vote is, nearly as possible, equal.”
Attorney for the Belize Peace Movement, Arthur Saldivar said that the expert evidence that Lord Ashcroft has offered to furnish in the case could only bolster the case.
Arthur Saldivar
Arthur Saldivar, Attorney for Belize Peace Movement
“The affidavit that he has put forward intimates certain things that I believe is to the benefit of the case. And should we have those experts come in, I think it is always good to have knowledgeable people on the issue giving the benefit of their expertise to the court.”
Reporter
“Mister Saldivar, as a former politician yourself sir, maybe you can shed some light on this particular issue of redistricting. We have conducted this exercise a few times before. I don’t think we relied on any “expert witness or testimony.” Why is that necessary this time around?”
Arthur Saldivar
“…because what we did was not a comprehensive exercise in keeping with what the Constitution requires. What was done is that there was gerrymandering of political borders to facilitate certain individuals who wanted to run in politics. In this particular instance, you are not looking to serve an individual or individuals; you are looking to address the needs and interest of the people of Belize as a whole to ensure that democracy is given a chance to at least operate the way it should. Insofar as it relates to finances in politics, as we know my namesake was on Love FM this morning—incriminating himself, I might add—and he was saying that he was doing this because of this large constituency that he is responsible for, of over eight thousand people. Now, it is sad that he would try to make all of Belmopan his accomplice in what he has done. But the truth of the matter is that when we redistrict and bring the constituencies within constitutional parameters, we mitigate the need for large finances in addressing the issues of the people because we give them more representation instead of less.”
Saldivar says that a redistricting or subdivision exercise could result in some areas where there are small constituencies be amalgamated, hence a few seats would be lost. In others where there are large numbers of voters, a redistricting could likely cut those in half, creating additional seats. This decision would only come about, however, if the court rules that the Elections and Boundaries Department prompts the National Assembly to conduct a redistricting exercise. The National Assembly would then have to consider the proposal and through its debate, determine how best the requirement of the Constitution can be met. The redistricting case resumes on March sixth, when disclosure of affidavits are expected to be presented.
