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Chief Justice files defense in Bar Association lawsuit

GeneralChief Justice files defense in Bar Association lawsuit

BELIZE CITY, Mon. Jan. 20, 2020– In the fixed date claim brought against the Hon. Kenneth Benjamin, the Chief Justice of Belize, by the Bar Association of Belize, the Chief Justice has filed a first affidavit, which he swore to, on January 7, 2020.

The Bar Association of Belize has filed a civil lawsuit in which the Chief Justice of Belize has been named as the 1st defendant, the Solicitor General as a member of the Judicial and Legal Services Commission is named as the 2nd defendant; the Chairperson of the Public Services Commission as a member of the Judicial and Legal Services Commission is the 3rd defendant and the Attorney General is the 4th defendant.

The lawsuit stems from the fact that the Chief Justice, as the Chairperson of the Judicial and Legal Services Commission (JLSC), has barred the president of the Bar Association of Belize, Cheryl-Lynn Vidal, who also holds the post of Director of Public Prosecutions, from sitting in the meetings of the JLSC.

Under the Constitution of Belize, the president of the Bar Association of Belize is a member of the JLSC. Due to the fact that Vidal is also the Director of Public Prosecutions, CJ Benjamin barred her from attending meetings of the JLSC.

As a consequence of the action taken by CJ Benjamin, the President of the Bar and her senior executive boycotted the opening of the Supreme Court last Monday, January 13.

In his affidavit, CJ Benjamin said that on March 23, 2018, “the Commission met as per its normal course of business.” “Present were myself, as Chairman; the Solicitor General; the Chairman of the PSC; and Mrs. Cheryl-Lynn Vidal, the Director of Public Prosecutions (the ‘DPP’). This was the first meeting of the Commission with Mrs. Cheryl-Lynn Vidal as the newly elected and appointed President of the Bar Association,” Benjamin stated.

The affidavit went on to state that prior to the March 23, 2018 meeting, “the Commission was never formally informed by the Claimant (Mrs. Vidal) as to who was the newly elected President of the Bar Association.”

CJ Benjamin went on to say in his affidavit that since this was the first meeting with Mrs. Vidal as president of the Bar Association, the Oath of the Commission was prepared by the CJ for her to take at the end of the meeting.

“However, it was raised by the Secretary of the Commission that since Mrs. Vidal is the present DPP and the post of DPP is a public office, she did not qualify to be appointed to sit as a member on the Commission, as the Constitution is explicit that no person can qualify to be appointed to the Commission once he holds a public office. The decision was supported by the other Commission members present,” he said.

By April 3, Vidal, in her capacity as president of the Bar, wrote the Commission a letter expressing disapproval of the action it had taken to bar her.

On May 18, the Commission shared with the president of the Bar Association a legal opinion prepared by the Solicitor General, which stated that based on the language of the Constitution, the DPP is disqualified from sitting as a member of the Commission.

The CJ affidavit said that Vidal did not respond to their May 18th letter until October 31, 2018, “despite two reminder letters having being sent.”

The Chief Justice further argued in his affidavit that the Commission requested copies of the legal opinion that the president of the Bar had sought both locally from Senior Counsels and from abroad, but she did not respond to their correspondence, which was dated 6 November, 2018.

He stated, “The Claimant did not provide the Commission with any legal opinion to contradict the opinion prepared by the Solicitor General.”

“Had the Claimant shared any of its legal opinion, the Commission was prepared to reconsider its position on the matter,” the CJ’s affidavit said. “However, the Commission maintains that until the contrary is shown, the language of Section 110 (E) of the Constitution is clear and unambiguous that the post of DPP is a public office; hence the DPP is disqualified from sitting as a member of the Commission.”

“Furthermore, there has been unreasonable delay in bringing the instant claim, as the decision was taken in March 2018 and Mrs. Cheryl-Lynn Vidal has since served her tenure as President for the period 2018, and having been re-elected for a further term in 2019, there have been numerous administrative decisions taken by the Commission in the absence of Mrs. Vidal, and to declare all the decisions taken by the Commission in her absence null and void, would create judicial chaos and would affect the administration of justice in Belize,” said the Chief Justice’s affidavit.

The CJ’s affidavit ended saying that Mrs. Vidal’s term as President of the Bar ends around February 2020, and she is barred from seeking another term, having served two terms, thereby making the issue moot.

“In the circumstances, the defendants humbly ask this Honorable Court to refuse the relief sought and dismiss this matter with cost to the defendants,” said the affidavit.

Feature photo: Cheryl-Lynn Vidal and Chief Justice Kenneth Benjamin

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