Written Judgment on Appeal Court’s Justice Awich

The Belize Court of Appeal on Wednesday handed down a judgment that makes for interesting reading. Last week, Dean Boyce and the British Caribbean Bank had asked that Justice Samuel Awich recuse himself from hearing their appeal on the nationalization of their assets.  Dean Boyce and Lord Ashcroft who have significant interest in the Bank had earlier filed a complaint to the Judicial and Legal Services Commission to inquire into whether Justice Awich should be removed as a judge. In a two to one majority decision, the court decided that Justice Awich should sit on the case and not recuse himself.  President of the Court of Appeal, Manuel Sosa, ruled in favor of having Justice Awich hear the case. Justice Awich, in his written judgment, declined to recuse himself. Justice Mendez stood alone; in his written judgment he said a fair minded person would conclude that there was a real possibility that Justice Awich would be influenced by the attack on his fitness to continue in office launched by Dean Boyce and Lord Ashcroft and would not be in a position to render judgment in a fair and disinterested manner. Justice Mendez went on to say: “The public is likely to view with some disquiet the spectra of a judge, who is at present under investigation by the J.L.S.C., even if at a preliminary stage, presiding over a dispute involving the instigators of the investigation, particularly where the subject matter of the complaint has had the public support of the Bar Association.” Dean Boyce and the B.C.B. are appealing that decision to the C.C.J.