Chief Justice Kenneth Benjamin has set May 19 as the date he will issue a ruling on a claim brought against Minister of State Edmond “Clear the Land” Castro by Trevor Vernon, a member of his constituency, who thinks that the disbursement of some 80 checks to Castro and Castro-related entities by the Belize Airport Authority, totaling over $30,000, amounts to a violation of the code of conduct in the Belize Constitution and is also a violation of the Corruption in Public Life Act.

With Castro present in the courtroom, attorneys made submissions about the merit of the claim and whether or not the court should proceed with it.

Attorney Phillip Palacio, who is representing Vernon, asked the court for a possible amendment to the claim form to remove the parts that are offensive and would prevent the claim from being heard by the court.

But Denys Barrow, S.C. countered that there is no cause of action that could be amended. Reasoning on the implications for procedure under related Acts (particularly considering that affidavits are “information and relief” – they state something the person believes or is told – and hearsay would be struck out if the claim proceeds further) Barrow told the court that the claim is incapable of succeeding. He went on to claim that it is an abuse of process, and that no reasonable grounds were brought.

Asked what prompted him to file the action against Castro, Vernon said that it is a long story. He noted that he had served as an alternate Belize representative at the Organization of American States and had served on the drafting committee for the Inter-American Convention against Corruption. That was 12 years ago, Vernon said.

He added that he had heard the Prime Minister in the House of Representatives saying that what Castro did was not corruption.

“The moment you take public funds and put it in your pocket, that is corruption,” Vernon said, adding, “That is what prompted me to file this action in the court.”

Following the hearing, Barrow said that the claim simply cannot be brought against Castro, because they brought the claim under the wrong section of the law. The claim was brought under a particular provision which deals with administrative law applications, constitutional relief, judicial reviews and claims for a declaration.

He added that the particular rule is very clear as to when you can get a declaration. You can get a declaration against the state, against a tribunal, against a public body. Castro is not the state, he is not a tribunal and he is not a public body, said Barrow.

When he exited the courtroom, Minister Castro declined comment. When asked about how he felt about being in court, he would only say that “the attorney had said it all.”