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Feb 9, 2021

Attorney Darrell Bradley says Case is Not Academic

Darrell Bradley

Attorney Darrell Bradley disagrees that the case is not merely academic.  He says that the constitution dictates that meaningful consultations should be had. Bradley says that he does not believe that the post of comptroller of customs is too important not to be left vacant, since it has been vacant before.

 

Darrell Bradley, Attorney for Ian Haylock

“It is not an academic argument. I actually think that is something rather serious.  This is the constitution of Belize and argument in relation to whether or not the constitution preconditioned of consultation, whether or not that was complied with is not academic. It could never be academic. It has to be complied with for there to be any lawful exercise of governmental power. The constitution says you must consult and if you don’t consult then there is an argument there that you have undermined the principle of the rule because why do we set that out there and the constitution is, it emphasis this duty of consultation. It is not only that I send a letter. The constitution says that is has to be meaningful. It has to be substantive.  You have to allow a fair opportunity for there to be a response. It could never an academic point that there is this requirement in the constitution.  This particular case has nothing to do with individual involve. There is an issue of course when you speaking about career advancement there are individual people who are affected and that cannot be something that is understated. You have individual who maintain that my career path would have left me here. That notwithstanding the main part of the argument is that if there is a constitutional requirement that must be followed.”

 

Hipolito Novelo

“However would you agree the post is too important that it could be left vacant?”

 

Darrell Bradley

“No and I think that the principles here important. We’ve done a bit of analysis and history on them on there. The post has been vacant in the past. There is no urgency in relation to an appointment and you have a Public Services Commission. The issue is not necessarily to the appointment itself. It has nothing to do with the office. It has nothing to do with the individuals in the office. It is a process claim.”


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