Yesterday, the Bench and Bar Association of Belize congregated in the courtroom of the Chief Justice to pay their respects to the President of the Belize Court of Appeal, Honorable Justice Elliott Mottley, 71, a Barbadian, who had announced his untimely resignation from a post for which his tenure in office, prior to the recent amendment to the Constitution of Belize, carried no specific timeframe.
Justice Mottley, in addressing a packed room, said that his decision to resign from his post was a personal reaction of his to information he had received from the former Chief Justice, Dr Abdulai Conteh, that there was a 2010 amendment to a judge’s tenure in office, which placed a 1-year limit on the post of President, as opposed to the prior lifetime tenure implied in the Constitution.
Justice Mottley said that he then made the decision to resign on Friday, October 15, 2010. His resignation is effective December 21, 2010.
According to the new amendment to the Belize Constitution, Justice Mottley would have had to retire at the end of this year. The amendment to the Belize Constitution implements a strict tenure of only one year for the post of a Justice, which could be renewed at the end of each service year.
Amendments to Subsection (1) of section 101, and Subsection (1) of section 102 of the Constitution, on April 8, 2010, read as follows:
Subsection (1) of 102 of the Constitution is hereby amended by adding the following Proviso at the end thereof: “Provided that where no period is specified in an instrument of appointment, the office of a Justice of Appeal shall become vacant upon the expiry of the period specified in the Proviso to subsection (1) of section 101.
Subsection (1) of section 101 is hereby amended by adding the following Proviso at the end thereof: “Provided that where no period is specified in an instrument of appointment, such appointment shall be deemed to subsist until: (a) In the case of an instrument of appointment existing at the date of commencement of the Belize Constitution (Sixth Amendment) Act, 2008 – one year after such commencement;
(b) in the case of an instrument of appointment issued after the commencement of the Belize Constitution (Sixth Amendment) Act, 2008 – one year after the date of issue of such instrument”.
The ceremony featured speakers such as Justice Mottley himself, as well as his colleagues, who recollected the Justice’s 6-year tenure in his post of President of the Appeal Court, and the high standard that he maintained during his tenure.
“The announcement by the President of the Court of Appeal, the Honorable Elliott Mottley, that he is resigning with effect of the end of the year was not foretold and has been used as fuel for the commentators’ fire.
“It is especially in times like these of heightened attention that judges need to be true to their Judicial character. There are many qualities that combine to form that character; it seems to me that what the Judiciary and the society now need are the calm composure and restraint that Justice Mottley has personally practised,” said Justice Denys Barrow, Justice of the Court of Appeal.
During the event, which lasted for less than an hour, Justice Mottley, a member of the Belize justice system since 1999, addressed the issue of his sudden resignation.
“I want to express my sincerest thanks and gratitude for the kind words spoken of me this evening,” Justice Mottley began.
Justice Mottley also used his speech to bring to light issues he says have been of much concern to him, being the head of the highest court here in Belize, the Appeals Court.
“I have on several occasions expressed my concerns that a felon [may] appear before the Court of Appeal convicted of serious offenses carrying mandatory sentencing of 8 years or 12 years, and they do so without legal representation. That is not right. It cannot be right as Belize approaches the second decade in the twenty-first century that there is no system of legal aid which affords persons charged with serious criminal offenses the right to be represented by a legal practitioner,” Justice Mottley said.
Justice Mottley put speculation to rest concerning the manner of his leaving his post.
“It was in August of this year [2010] that the former Chief Justice Conteh brought to my attention the amendment to the Constitution. It was then that I discovered the terms and conditions of my appointment as the President of the Court of Appeal of Belize had been unilaterally altered, and this was done without my knowledge and consent. Once I became aware of this, I determined that I would resign my position as President of the Court. I will say no more on that,” Justice Mottley ended.