2025-02-18 - Channel 5 Belize

Case Dismissed! High Court Says General Elections are a Go

The March twelfth general election will proceed as planned, free from litigation in the High Court. Earlier today, Justice Tawanda Hondora handed down a thirty-nine-page decision dismissing a claim brought by three claimants, following a marathon hearing last Wednesday. Senior Counsel Anand Ramlogan argued on behalf of his clients: Jeremy Enriquez, Rudolph Norales, and Jessica Tulcey. They put forward that the electoral boundaries in Schedule I of the Representation of the People Act are unconstitutional. They believe that if the elections on March twelfth, 2025, use these boundaries, their voting rights and legal protections will be violated. They also feel they have a legitimate expectation that the boundaries would be redrawn before the next general elections. The claim was filed against the Attorney General, the Speaker of the House, and the Chair of the Elections and Boundaries Commission. The defendants were represented by the law firms Courtenay Coye and Marine Parade Chambers. This evening, we caught up with Senior Counsel Eamon Courtenay to hear his initial thoughts on the judgment.

Eamon Courtenay, Attorney-at-law

“I am very pleased for the attorney general who we represented in successfully resisting the claim brought by Mr. Enriquez. As you know, the attempt was to, in effect, stop the elections which have been now scheduled for the twelfth of March 2025. I think that the judge listened very carefully to the parties, read tons of submissions that were filed by the parties and came to the right decision. Just by way of reminder, this happened four years ago, four years plus, when the Belize Peace Movement tried to stop the elections in 2020 and Madame Justice Arana, as she then was, I believe she may have been the Acting Chief Justice at the time, refused the application. So, it is history repeating itself. I think there are a few things. The first is that there is no case that we have found and none was presented to the court where a court has ever intervened and stopped an election. Secondly, there was a number of cases from the Caribbean that we put before the judge that shows that once parliament has been dissolved that the elections must continue and any difference, any issue you have is taken up after the election. What is surprising to me is that Mr. Ramlogan who represented Mr. Enriquez had written a document to the court saying that if parliament is dissolved, the court has no jurisdiction. Yet, when the matter was called up before the judge, he changed that document and put another one and deleted that paragraph. So I had to point out to the judge that Mr. Ramlogan was not being frank with the court because he knows what the law is and we listened to him for four long, painful hours go on and on without admitting to the court that the court had no jurisdiction. And so, we submitted to the court, relying on decided cases that once parliament is dissolved, the case must continue and you take it up afterwards.”

Did Enriquez, et al Wait Until Last Minute to File Redistricting Claim?

Enriquez, a contributing writer for the Amandala Newspaper, has long highlighted the severe imbalance in constituency sizes and the urgent need for redistricting. However, it wasn’t until two weeks ago, just before the general election was announced, that he decided to take legal action. According to Courtenay, the judge felt that Enriquez had waited too long to bring the issue to court.

Eamon Courtenay, Attorney-at-law

“Mr. Enriquez, whose motives I don’t question at all, but Jerry has been writing about this for years, but you can’t wait until 2025, just before the election is called and say, “I want to go to court now.” If you have this case, you should bring it at the earliest possible time so it could have been resolved in good time. I think the judge felt that there was too much of a delay here.”

Isani Cayetano

“What do you make of the position that Mr. Enriquez and his attorney were saying initially that, this, in effect, would have been an unlawful exercise of the national vote, in the face of the fact that this administration had promised that this exercise would have taken place during this particular term of office?”

Eamon Courtenay

“Well I think it is important and, again, we put evidence before the court. I think it is important for us to remember what has happened here. The Elections & Boundaries Commission which has the duty to make recommendations for redistricting, did make the recommendations and it was tabled in parliament. The Leader of the Opposition, Shyne Barrow, gave an interview where he said that there party does not support it. Once this claim was filed, he changed his mind, but at the time when the recommendations were made, he said he opposed it. Our party chairman, the Honorable Henry Usher, has said that the PUP does not support it. The Belize [Peace] Movement had said that they rejected it. So it was in the committee and they were trying initially to say, well what can we do? When there was no consensus, it stayed there. The obvious thing is that if it had been reported back to the full house, the house would have voted it down. So we would have gone nowhere with those proposals.”

Anand Ramlogan, SC has Questions to Answer

The High Court has raised concerns about Senior Counsel Ramlogan, the former Attorney General of Trinidad & Tobago. He must clarify whether he runs a law office in Belize, reveal his arrangements with Estevan Perrera and Company, and explain how all affidavits, pleadings, and exhibits in this case were drafted, signed, authenticated, and filed.

Eamon Courtenay, Attorney-at-law

“The judge has made some orders against Mr. Ramlogan, personally, in the judgment. I believe, in my many years of practice, I have never seen a practitioner behave so disrespectfully, disgracefully and so inconsistent with the traditions of the bar. It was a most regrettable and I cannot believe that a Senior Counsel believes that he can come from Trinidad & Tobago and behave that way in our courts. And so, I am going to see what happens as a result of the orders that the judge has made against him.”

Enriquez Et Al. To File Appeal on Wednesday

Shortly after the High Court’s decision, we spoke with Jerry Enriquez, one of the claimants. He told News Five that they plan to file an appeal as early as Wednesday. While he’s a bit disappointed with the ruling, he isn’t surprised.

Jerry Enriquez, Claimant

“I am a little disappointed but not surprised though given the crunch time we had to carry this matter to the court. But let us first talk about what got us here. The fact of the matter there is vast imbalance in Belize’s electoral divisions that has persisted over years. And that imbalance shows up in our sixty-five percent over the normal average and sixty-five percent below the average for a balanced electoral division. That is what we are facing. So what we have been raising over the years, along with the Belize Peace Movement, I have joined in writing and talking about it, is to call our government to find a way to comply with the constitution which states that each electoral division shall have equal or near equal number of persons eligible to vote. So, as the gaps widens we keep reminding the government. That is why this matter was brought to court hoping we could do an injunction just before the election. I am of the view that each government administration continue to evade this matter. So while the judgment dismiss our case, it is not over yet. we want to ensure that the government abide by the constitution. So we will appeal this decision and take it as we said before even to the highest court, the CCJ, if necessary.

Enriquez Questions PM’s Commitment to Redistricting Exercise

Responding to Prime Minister Briceño’s remarks, Enriquez argues that they reveal a lack of commitment. He believes that the claimants shouldn’t have been the ones pushing for the redistricting process to be completed. Here’s what he had to say.

Jerry Enriquez, Claimant

“Every time the prime minster speaks and say things like that, it shows the lack of commitment that it was their responsibility. We did not have to be the ones finding the resources to carry them to court. If they were committed firmly in doing that it would have +happened. So to try to skirt that and evade the responsibility shows very poorly on his part.”

Paul Lopez

“Do you believe that with an appeal, all of this can be disposed of through the court ahead of March twelfth?”

Jerry Enriquez

“Probably not, but what this is doing is to create an awareness in the wider public about an election that is being called, that they are participating in an election that is not respecting the electoral boundaries as was called for in the constitution of Belize. That is our fight, to correct it and have a democracy in which political parties respect the will of the people as enshrined in the constitution.”

BPM Seeks Court Ruling on Constitutionality of Electoral Divisions

The Belize Peace Movement is asking the High Court to decide if the current constituency boundaries violate the Constitution of Belize. Unlike the Jerry Enriquez case, the seven claimants aren’t seeking immediate injunctive relief but rather a clear ruling from the court. The Belize Peace Movement filed the claim in November 2024. The High Court then asked all parties to explain why this matter shouldn’t be considered already resolved by the court. Those submissions have been made, and the claimants are now urgently waiting for a court date, as an election date has already been announced. We heard from Paul Morgan, one of the claimants, at a press conference today.

Paul Morgan, Claimant

“On the thirteenth of January both presentations from the defendants and the claimants were in. At this point in time we are waiting for the court to call us, that is over am month now, to call even though we asked for urgency because we believe the election would be called. Even though, elections are not due until five years, which is in 2026 they can go to call these elections. It is not because elections are urgent, the prime minister chose to call elections early for whatever he feels. That is his prerogative under law. He can call elections whenever he wants to. What he does not have the right to do is to mingle, get a situation where the court and the executive comes in conflict. That is what is happening at this point in time. We are waiting now for the court to call us and for this press conference, I think the main idea is that we are asking you the press and the people who will be hurt if the election is called, without fixing Schedule 1, our rights with be violated.”

BPM Says, “This administration has held two illegal elections”

Attorney Sharon Pitts is representing the seven claimants in the Belize Peace Movement case. We also heard from Rudy Wade, another claimant. They both emphasized the urgency of their claim and the pressing need to establish a court date.

Sharon Pitts, Attorney-At-Law

“To put it in a nutshell and you don’t even have to crack the nut, it is not a hard one. The schedule to ROPA where the constituencies or political division for the purpose of the polls are inconsistent and in flagrant violation of the constitution, ROPA is null, and the representation of the People’s Act is null and void. That is our view. What we seek, I represent these gentlemen who have gone compatriots, before the court of Belize, to seek with clarity, that answer.”

Paul Morgan, Claimant

“Mr. Johhny Briceno would be the first prime minister in Belize to ask for an election when in fact an issue for Schedule is before the court.”

Rudy Wade, Claimant

“As a Belizean, a voter, a tax payer and one who had contested election and is going to contest an election, it affects me dearly. Hence the reason why I am so passionate to see that redistricting is being done. So far, it is only me, this administration has held two illegal election and if he holds another, it is going to be illegal. He hold the power to call an election. All we are asking for is to make it equal.”

What Will be the Fate of BPM Constitutional Claim?

Before learning that the High Court dismissed Jerry Enriquez’s claim, we asked the Belize Peace Movement if their claim was similar. Attorney Sharon Pitts explained that both cases are related, and the court might decide to combine them. With the latest developments, will this claim face the same fate?

Paul Morgan, Claimant

“It is like two buckets, one has three quarters and the other has five eights. Our case is centered around ROPA, schedule one of ROPA. It is asking the court a simple question, whether or not Scheule One comports with the constitution. If they say yes then we lose. If they say no, the Elections and Boundaries has a responsibility to fix it. The election and boundaries has no right to run an election that is illegal.”

Sharon Pitts, Attorney-At-Law

“Claim 730 of 2024 just by the number, predates the claim which I believe you referred to. It is open for the parities and the court in its own discretion and volition if it takes judicial notice to consolidate or join the matters. Mr. Morgan use an analogy of two buckets. It seems to me what we have is clearly the subject matter has to do with the voters, the division, the constitutional formula for voters and constituents or divisions to participate, the weight of each vote.”

Gilroy Usher Sr. Says He Has Not Seen His Son’s FB Post

On Monday, former Port Loyola Area Representative Anthony “Boots” Martinez called P.U.P. Standard Bearer Gilroy Usher Senior a failure. Martinez, who is running for the seat on March twelfth, accused Usher of not improving the lives of constituents over the past four years. Surprisingly, Gilroy Usher Junior has sided with his father’s opponent, posting on Facebook that Port Loyola residents were better off under Martinez’s leadership. We spoke with Usher Senior today to get his response to Martinez’s claims, but first, here’s what he had to say about his son’s comments.

Gilroy Usher, P.U.P. Candidate, Port Loyola

“I will tell you the truth, I have not seen the post so I cannot comment on a post I have not seen.”

Paul Lopez

“I am telling you exactly what the post says.”

Gilroy Usher

“Well, I am telling you I haven’t seen the post.”

Paul Lopez

“What would trigger him to say something like that?”

Gilroy Usher

“Well you would have to go ask him. I haven’t seen the post so I cant comment on it.”

Paul Lopez

“How detrimental would this be to your candidacy?”

Gilroy Usher

“I cannot comment on a post I have not seen. So if I were to make a comment I would be prejudging something I have not seen.”

Paul Lopez

“Is this uncharacteristic of him or unlike him to oppose you knowing well that you are family member.”

Gilroy Usher

“Again I am saying I have not seen the post. I cannot comment on what somebody else is telling me or saying or so. I Gilroy Usher the Area Rep for Port Loyola has not seen the post.”

Paul Lopez

“If and when you see it, is it comment you would hope he didn’t make in public?”

Gilroy Usher

“I don’t want to prejudge. I have not seen the comment.”

Paul Lopez

So can I show you the comments or you don’t want to see the comments??

Gilroy Usher

“I don’t want to prejudge, I am not a Facebook person and I don’t follow what is on Facebook., because many times things are written on Facebook with fake profile and all kinds of thing. So I am not one that takes Facebook word for word.”

Gilroy Usher Sr. Defends His Work in Port Loyola

Now, let’s hear Usher’s response to Anthony “Boots” Martinez. Usher claims he’s made strides in housing infrastructure, having built a dozen starter homes for residents. He showed us a property with three of these homes already in place. Usher emphasized that this is just the beginning of what he plans to offer his constituents.

Gilroy Usher, P.U.P. Candidate, Port Loyola

“We promised the people we would give them proper housing, so what have the PUP done? We have built starter homes for the people, cement starter homes with ceiling, partition, electrical wiring, and basic plumbing facilities. These houses cost the home owners only twenty-five dollars for week, or a hundred dollars for month. In terms of the amount of houses, Port Loyola has already obtained eleven starter homes, three right here, one on the boulevard, one in Jane Usher, one in Burrel Boom and one in Black Berry and residents in Port Loyola are also slated to receive five more starter homes in Blackberry as soon as the houses are distributed along with houses for other constituency. So this talk about me not doing anything for the resident in terms of housing, is total nonsense, hot air, by someone who is a failure in the division for thirteen years. Secondly, with their support of MIDH, under Minister Julius Espat, we have given residents of Port Loyola dozens of house grants that has ranged from five hundred to one thousand five hundred dollars. I myself has given scores of persons housing grants in the division.”