Photo: Anthony “Boots” Martinez
Boots says nobody is above the law; Cabinet disagrees
BELIZE CITY, Mon. Feb. 26, 2024
“Nobody is above the law,” former area representative Anthony “Boots” Martinez told the press on Monday, February 26, after he found out that the Head of State, Her Excellency, Governor General Froyla Tzalam had reportedly “failed” to deliver his signed petitions “forthwith” to Chief Elections Officer, Josephine Tamai for verification.
Martinez says that he has since met with senior attorney Dean Barrow to request his legal advice on the matter involving the GG’s perceived failure to follow the law which stipulates that she was to deliver the petitions “forthwith” to Tamai upon receiving them on January 16, 2024.
“We are looking at legal action because, talking with Mr. Barrow this morning, there should be some legal recourse that we could take against the GG’s office, because nobody is above the law,” said Martinez.
But, while Martinez is seeking legal advice from attorney Dean Barrow, the Government is seeking the assistance of the Attorney General of Belize to provide his legal input on the situation. A Government press release indicated that Martinez’s aim at the Governor General, which seeks to scandalize her, is not only unwarranted, but unprecedented and unlawful.
The release says, quote: ‘’Our laws further mandates that it is unlawful for any person to bring the Governor General in her official capacity into contempt, disrepute or disaffection. Whether one agrees or disagrees with this, the fact remains that this is what the supreme law of the country and the laws of Belize commands.’’
The former Port Loyola Area Representative went as far as to say that Governor General Tzalam not only broke the law, but was delinquent in her role as Head of State. He called her disingenuous, and even dishonest, for failing to inform him that his petitions were never delivered, despite him requesting a follow-up multiple times from her. Each time he asked, Martinez said that he was told that there wasn’t any update, all the while not knowing that his signatures hadn’t even started the process as yet. He says that while he felt that he deserved to know the status of the signatures that he had collected, the Belizean public, especially those who took their time to sign the petition, deserve an answer as to what had occurred.
“That is insulting the law. As the GG you assent all laws into play,” Martinez told GG Tzalam.
The Amandala newspaper contacted attorney Darrell Bradley for comment, and he indicated, ‘’The Governor General is not above the law; no one is above the law.’’ He followed up by explaining that all public officials should be open to criticism, which is allowed under the Constitution as a fundamental right to free expression. While Bradley reiterated that the position of the Governor General demands respect, he reiterated that a citizen cannot be sued for criticizing the Governor General.
“The Constitution does not create rights against citizens; it gives rights to citizens against the state,” said Bradley.
During the briefing, Martinez said that he only became aware that his petitions were never sent to Tamai following a public appearance that she had on the Love FM morning show on February 26, where she admitted that she had not received the signatures until February 21, which was one day after Martinez hosted a press conference with the media raising the issue of his missing petitions.
During that public appearance, Tamai however confirmed that she has since commenced the verifications of the signatures. She pointed out, however, that by law she still has one month to conclude that process, before she hands over the result to the GG, whose job it is then to inform the public of that outcome and whether the recall will proceed to a referendum or not.
In mid-January, Martinez reportedly delivered 1,700 signatures to GG Tzalam from persons requesting their support for a recall of the current area representative for Port Loyola, Gilroy Usher. Martinez had gone on the record last week to say that he had timed the delivery of his petitions perfectly to coincide with the municipal elections that are scheduled for next week. That however has since failed.