Stewart Krohn with the Last Word
Although a storm had been brewing in the Supreme Court for some time, the suddenness with which the Chief Justice was removed from office yesterday caught everyone, including Mr. Sosa, by surprise. But today the dust has settled a bit and it’s time to take stock of what has happened. Tonight Channel Five’s Stewart Krohn looks at the controversy and finds that innocent parties are in dangerously short supply.
“G. Michael Reid couldn’t make deadline this week and it’s just as well. For one thing, I could use the seventy-five bucks that this job pays, and for another, there is an issue of public importance that urgently needs to be addressed. Now before I lose part of my audience I must point out that the subject of this commentary is the ongoing constitutional crisis over the appointment of a Chief Justice. I’ll get to that subject in a minute but first permit a small detour, which may prove helpful.
Yesterday I had occasion to join a group of around two dozen environmental types on an expedition to Southern Lagoon. The purpose was to capture some elusive manatees in order to decorate them with radio transmitters so their movements could be tracked by satellites. In this way scientists could learn more about their habits so we could better protect them. I was tremendously impressed by the operation, not so much for its cutting edge technology, but by the fact that the task, which required teamwork, a sense of purpose and discipline, was being largely carried out by a diverse group of young Belizeans, a category of citizens not normally known for any of those exemplary qualities. It was a mixture of people from all over the country, including many from the nearby village of Gales Point. There were a numberof local researchers armed with university degrees from home and abroad while others in the party, no less skilled, earned their diplomas on the less charted waters of our rivers, lagoons and seas. Watching these young people go about their work gave me confidence and hope that the future of our country, at least our country’s environment, will be bright. As our boat headed back to shore the only doubt that crept into my sun soaked head was that, for all their apparent expertise, leadership of the expedition was in the hands of a foreign scientist and the money which funded the day’s activities was likewise funneled from abroad. I don’t question the motives of such an obviously beneficial arrangement, but it did cause me to wonder: if our own people were financing and leading the show, would we still see the same level of teamwork, discipline and sense of purpose?
Ironically, when we reached the village, my question, if not answered, was at least validated. The radio reported that the Chief Justice had just been removed and as we navigated through the dust and potholes of the Coastal Road I couldn’t help but wonder whether my generation had made a mess of the nation we inherited back in 1981.
Without passing judgement on the actual merits of the case I believe that reasonable people can differ on whether the communication between the leaders of government and opposition on the appointment of Manuel Sosa to the post of Chief Justice on election eve amounted to genuine consultation as demanded by the constitution. It appears that Justice Meerabux, in an opinion not yet made widely available, believed it did not. Hence his ruling that the appointment was null and void.
What bothers me is that this crisis, and make no mistake, it is a crisis, should never have come about. The man who precipitated these events, former Attorney General and present U.D.P. Leader Dean Barrow, did much during his five year term to devalue the rule of law in Belize, and now it has come back to haunt him. A few of his more notable dubious achievements include the hiring of a special prosecutor from Canada to harass Harry Courtenay, the transformation of our National Assembly into a kangaroo political court to embarrass Said Musa and the cowardly attempt to use his official power to slander a political opponent, Ralph Fonseca, by attempting to tie him to a supposed money laundering investigation in Panama. It is ironic that the hastily called press conference used to attack Fonseca was also the venue at which Barrow announced his midnight judicial appointments, including that of Chief Justice Manuel Sosa. While the Fonseca accusations dominated the news it is the mess in the judiciary that we are left to clean up six months later. And while today Mr. Barrow earnestly and cogently argues that the present government has acted wrongly and illegally, his words, like those of the boy who cried wolf, have a hollow ring. To expand on the editor’s opinion in last weekend’s Amandala referring to government’s illegal confiscation of Barrow’s Range Rover, it’s not only the southside that doesn’t care: neither does the northside.
But if Dean Barrow was the only party at fault in this matter it could be easily resolved. Unfortunately he is not. Justice Sosa could have defused the situation at a number of different stages. He could have declined the obviously controversial appointment when it was offered and later, after the election, could have still resigned, likely with the assurance that he would be re-appointed in a way that would have left no room to doubt of his legitimacy.
And what about the new government? If we are to take Attorney General Dickie Bradley at his word, the problem is not with Mr. Sosa, who has been described as a fine justice, eminently suited for the post. So if the problem is simply procedural and not based on Sosa’s abilities, why not tackle it head on, as suggested by Dean Barrow, and make a straightforward constitutional case for the C.J.’s removal in which all parties can come forward and avoid the disgraceful spectacle of the nation’s highest judge being barred from his office by a policeman.
The situation recalls the age-old admonition that two wrongs don’t make a right.
Is there now a way that the situation can be salvaged? Perhaps, and let me suggest three ways. In the long term the political reform commission must make recommendations which clearly outline the separation of powers and insure that our judicial system is beyond reproach. Too many citizens now believe, probably with some justification, that Belizean justice is not blind.
Secondly, the government, having acted rightly or wrongly, can now resolve to facilitate a genuine and expeditious appeal of Justice Meerabux’s decision to the Court of Appeal and if necessary the Privy Council. The matter is too important to be left dangling. And thirdly, the powers that be can move swiftly to appoint a new Chief Justice who can restore the public’s faith in both the office and the system which produced the appointment. My nominee is a man already described as very well qualified. His name is Manuel Sosa.
With the Last Word, I am Stewart Krohn.”
The opinions expressed on the Last Word are those of the commentator and not necessarily those of Channel Five. Comments are welcome.