Photo: Hon. Shyne Barrow
He is also asking the court to prevent the AFD from saying anything that could undermine his leadership
BELIZE CITY, Thurs. Jan. 16, 2025
Hon. Moses “Shyne” Barrow, et al., have filed an application for additional orders in the United Democratic Party leadership case that is currently before High Court Justice Tawanda Hondora. First, we note, though, that Barrow and the members of the Central Executive who are also claimants/applicants ask that the path of mediation be dispelled with. They ask for an order that “The Parties be permitted to dispense with mediation.” As you may recall, the parties had communicated to the Court on January 6th that they were agreeable to court-facilitated mediation. The other step was for mediators to be agreed upon. However, Barrow and his attorney, Dr. Christopher Malcolm, had made pronouncements to the effect that Hon. Tracy Panton was not genuine about welcoming mediation.
Primarily, though, in this latest application, Barrow is asking for two things. He wants what amounts to a gag order against Hon. Tracy Panton, leader of the Alliance for Democracy (AFD), and her agents or any person from emitting any communication or making any pronouncements regarding the case about the leadership dispute within the party. Highlighted as affiliates of Panton to whom the order would apply – if granted – are John Saldivar, Sheena Pitts, Orson J. Elrington and Hot Off the Press. Notably, though, Barrow wants the applicability of any order to be extended also to “any other representative(s), servant(s), assign(s), agent(s) or other person(s).”
According to the application dated January 15, 2025, included in the information that Barrow is asking those concerned to refrain from discussing, is any reference to the existence of separate UDP leaderships and headquarters. Appearing under 1 (f) is “any matter whatsoever that has the effect or can be reasonably interpreted as having the effect of suggesting to the public there is more than one leader or governance in place of the UDP,” and under 1 (g) is “any matter whatsoever that has the effect or can be reasonably interpreted as having the effect of undermining the leadership of Moses Barrow, pending the determination of the UDP leadership dispute by this Honourable Court.”
Second, Barrow is asking that there be no publication, communication, disclosure or copy of any “witness statement, affidavit or any exhibit(s) thereto and information contained therein that are made or may subsequently be made in relation to any application in and/or these proceedings…” The request is for any order granted to be in effect up until the conclusion of this claim. In essence, the only ones with whom the respondents are permitted to discuss the matter are their legal representatives.
Listed as grounds for the application are several instances, whether on social media or broadcast media, in which Panton, since the Judge’s first interim order made in November 2024, referred to herself as the Interim Leader of the UDP. The Claimants/Applicants argue that by her actions, Panton has disregarded the substantive claim “so as to prejudice the Applicants by way of adverse pre-trial publicity and/or conduct undermining of the process of the court and bereft of good faith…” They ask that the orders be granted “to protect the parties from prejudices, public prejudgment and from having to participate in public pre-trial for or brought on by the 1st Respondent’s conduct, and/or by her servants, agents, assigns and affiliates, including John Saldivar, Sheena Pitts, Orson J. Elrington, Hot Off the Press, or any other person(s).”
The Claimants/Applicants also affirm that since their December 6, 2024 application for contempt orders and the “staying of the hearing of the application”, Panton has acted in an even more egregious manner. To solidify their claim, the Claimants/Applicants make reference to Paragraph 81 of Justice Hondora’s November 2024 order which states, “Restoring the status quo at least until the resolution by this court of the intra-party dispute relating to the control, possession, management and use of the UDP’s headquarters serves the interests of justice and affirms that the use of extrajudicial means, which in many countries round the world have undermined the rule of law, plays no part in Belize.”
Meanwhile, in a letter to the Registrar of the Court also dated January 15, the Claimants ask that the Application for Contempt Orders from December 2024 be listed for hearing at the same time as the application for additional court orders filed January 15. The main claim is set for a one-day hearing on March 31.
In the wake of this latest application, Panton on her Facebook page wrote “Albert dah UDP,” “…Tracy dah UDP.” She also affirms that she will do everything to preserve Belize’s democracy.