Another chapter in the titanic struggle between the Football Federation of Belize (FFB) and the National Sports Council (NSC) unfolded today in the Supreme Court before Madam Justice Minnet Hafiz-Bertram.
The FFB, which remains under non-recognized status by the NSC and by extension the Government of Belize, despite having a suspension by the International Association of Football Federations (FIFA) temporarily lifted just recently, wants an interim injunction prohibiting the NSC from denying them access to stadiums and facilities managed by the NSC until the substantive matter comes to trial.
FFB attorney Dr. Elson Kaseke argued that as a matter of urgency and “in the interest of justice,” the Court should grant the relief that the Federation feels it cannot get from the National Sport Tribunal, as is provided for under the Sports Act for the hearing of appeals of decisions of the NSC.
Dr. Kaseke argued that according to Sections 2, 3(a), 6(1) and 16 of the Constitution, which speak of equality before the law and equal protection under the law for all, the FFB was suspended while in the process of dealing with its registration — which it said it had “overlooked” because of the visit to Belize of FIFA President Sepp Blatter — without being given a proper explanation.
He assailed NSC Director Patrick Henry, who had managed most of the communication between the two organizations in April, May and June, classifying him as an interloper in the position previously held by Anthony Michael, who is no longer with the Council. He based the alleged illegitimacy of Henry’s role on the fact that Henry was not formally added to Statutory Instrument No. 64 of 2010, which lists the members of the Council as a Chairman (currently Allan Sharp), two vice-chairs, a secretary, a treasurer, nine other members, and the director as an ex officio member.) Additionally, he pointed out that the NSC’s letter to the FFB announcing the suspension in June did not specify how the organization had failed to comply, even though the FFB had submitted all the documents asked for by the NSC, and it was their statutory duty to follow up, which they had not done.
Kaseke claimed that other sporting organizations, including the Belize Cycling Association (BCA) and the karate and dominoes associations, were using NSC-managed facilities without being registered, and that this raised the legitimate expectation that the FFB should get the same treatment.
He described the actions of Minister of Sports John Saldivar in concurring with the NSC’s June 7 decision and then writing to FIFA affirming the decision and later announcing that the Police Department would not be providing security for the second game against Montserrat in June as being “outside his authority” and an “opinionated, biased decision that had no statutory basis.” He went on to state that Minister Saldivar compounded his error by not even listening to the FFB’s side of the story, denying them their constitutional right to a fair hearing. According to Dr. Kaseke, FFB president Dr. Bertie Chimilio, on calling Police Commissioner Crispin Jeffries about security for the June Montserrat match, was told that he, the Commissioner, was “under orders” not to provide such security.
Kaseke concluded that the FFB’s ban from the stadiums was causing extreme havoc and disruption to its football schedule and was preventing follow-through on plans for redevelopment of the stadiums with FIFA money.
Nigel Ebanks, replying for the NSC, began by attacking the bases on which the injunction, which precedes a possible claim, was brought. He argued that the NSC as a public authority under Section 3(1) of the Public Authorities (Protection) Act was not sufficiently notified within 30 days as required under law, and that the case would be better argued as a claim for judicial review or before the Tribunal.
Ebanks maintained that the FFB had not provided enough evidence to substantiate their arguments. It was also his position that there was no urgency in the case, since the national team was playing in Honduras on Sunday in defiance of the Government’s edict that they do not represent Belize, and also because the FFB has a FIFA-approved stadium in Belmopan.
According to Ebanks, the FFB’s hands were not clean, as they repeatedly sought to evade and avoid the registration requirement, and there was also the matter of their statutes, which had been updated even though the organization said they had not.
Crown Counsel Magalie Perdomo agreed with Ebanks and added that the police would respond to any breakdown in law and order, but that they were not to provide security for a “private function.”
Arguments concluded around 5:00 this evening and Justice Hafiz-Bertram reserved her decision.
Coming out of court, Dr. Chimilio dismissed the 98-page investigative report that dismissed his conducting of the 2010 elections that resulted in a fourth term in office as a “joke and a farce,” and he opined that the FFB and himself would be cleared of wrongdoing.
But according to National Sports Administrator Ismael “Miley” Garcia, the claims being made by the FFB, particularly about use of NSC facilities, are not true, and he said that the FFB had made a habit of neglecting to provide important documents to administrators.