Former Attorney General Anand Ramlogan SC has scored a landmark victory in the courts of Belize against the Government of Belize and its Judicial and Legal Service Commission for respected independent journalist and social activist Jeremy Enriquez.
The landmark High Court ruling in Belize has ordered Belize’s Attorney General and the Judicial and Legal Services Commission to pay his legal costs after finding their conduct unlawful.
The case centres on a complaint of judicial misconduct and a seven-month delay by the Judicial and Legal Services Commission in responding.
Justice Martha Alexander was critical in her ruling, noting that… “[62] … the conduct of the Commission… was intentionally minimalistic… against the spirit of the pre-action protocols. It left Mr. Enriquez in a state of limbo.”
The complaint arose after a judge was allegedly overheard making prejudicial comments during the lunch break while the case was ongoing.
Senior Counsel Anand Ramlogan explains, “He had forgotten to mute his microphone, and he was overheard saying some rather prejudicial and unprofessional things about Mr. Enriquez, the case, and myself. As a result of which a complaint of judicial misconduct was filed and the Judicial and Legal Services Commission in Belize took seven months and did not make a decision on that complaint.”
The High Court found that the Commission’s responses were not just slow, but legally inadequate.
Justice Alexander ruled that: “[68] … the Commission did not comply… for a proper preliminary response… The Commission breached the pre-action protocol.”
The court rejected the State’s attempt to have Mr. Enriquez pay costs and instead ordered the Attorney General in Belize and the JLSC to cover his legal fees.
“Of course, this is the latest victory for Mr. Enriquez in what is a marathon journey for justice to ensure that the democracy of Belize is strengthened, and they do in fact undertake an urgent review of the constituency boundaries in Belize.”
For Trinidad and Tobago, this case also hits close to home. Mr. Ramlogan led the legal team for Enriquez in Belize, marking another high-profile regional case involving local legal expertise.
Mr. Ramlogan said, “The matter is significant for Trinidad because the trial judge, Justice Martha Alexander, hails from Trinidad. I represented Mr. Enriquez. My learned friend, Mr. Douglas Mendez, who is also from Trinidad, represented the Judicial Commission, and former Attorney General Magaly Marion Young represented the Attorney General of Belize and is herself a former Attorney General.”
The court also rejected claims that Mr. Enriquez acted hastily: “[82] The court finds that Mr. Enriquez acted reasonably…”
Mr. Enriquez says the delays left him with no choice but to go to court.
“Judicial and Legal Services Commission received our complaint, along with evidence, along with recordings of the Judge’s conversation, but failed to investigate the judge. They dragged on for months, over seven months.”
Mr. Ramlogan said the ruling has wider implications for the region.
“In an ironic and cruel twist of fate, the judge has ordered both the Attorney General and the Judicial Commission in Belize to pay Mr. Enriquez’s full legal costs in this matter and has ruled that the Judicial Commission breached the laws of Belize.”
Mr. Enriquez is now calling for accountability at the highest level.
“No government, no Prime Minister, no Minister should be above the law. And yet they continue to expend hundreds of thousands of dollars to fight this plea for justice rather than do the right thing. So we call on the Attorney General to resign.”
The original complaint arose out of a case on electoral redistricting in Belize.
Mr. Enriquez is continuing legal action challenging the dismissal of his original complaint, meaning this case, and its implications for judicial accountability in the Caribbean, is far from over.