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Schakron's Attorneys Argue In Court
posted (February 17, 2012)
And our next news team was at court where a parallel action was being heard. Attorney Lisa Shoman's application for an injunction was based on the ground that there is a threat, via a Government press release saying that Schakron's nomination would be blocked.

Here's the story from that side of town:

Jules Vasquez Reporting

This morning at 9:00, attorneys for both sides gathered outside the court. Lisa Shoman was there for Yolanda Schakron, and Rodwell Williams and Michael Young for Noreen Fairweather who is the retuning officer and the attorney general.

Shoman asked for and got an adjournment to see if the nomination would be refused:

Lisa Shoman - Attorney for Schakron
"We have applied to the court to protect her rights, and therefore, we are saying that it is likely to happen because of the press release that was put out yesterday. We want to be sure of what is occurring. We want to preserve her rights. I will now go and see whether her nomination is accepted."

But it was rejected - and Schakron left the elections and Boundaries in tears.

Lisa Shoman
"If it is refused, I will be back to court at 10:30 to start asking the court for an injunction to prevent the returning officer from having Mrs. Schakron nominated."

Shoman was back by 10:45 and went directly into the court - which was waiting for her. She was followed shortly after by candidate Schakron and co-counsel, Magali Marin Young.

And coming after them were a loud group of supporters shouting, "We want Schakron."

Their howls of protest were empathic as they stopped in front of the courthouse and piled out of the pickup.

There were about 20 of them, and as they started to protest in front of the court, another truck of supporters with their noisemakers arrived.

These ones went into the park - and started their chanting.

It created quite a scene and commotion in front of the courthouse, but no one interfered with them.

When Schakron came out on the court verandah during an adjournment, that riled up the crowd even more as they howled their support.

Eventually police came to quiet them down and ensured order in front of the court house.

The chanting continued, but the noisemakers stopped.

But the real action was upstairs where the judge denied the injunction against the returning officer, meaning Schakron could not run in the election.

She broke down and had to be consoled by her party's deputy leader:

Lisa Shoman
"We're saying that all other issues should go to the Supreme Court and not to an electoral officer."

Michael Young - Legal Advisor for the Government
"Our fundamental position was that the Returning Officer was to decide that. At this point, it is not for the court to enter into that inquiry that Mrs Schakron - if she is aggrieved by the decision of the Returning Officer then she has remedies under the law - the Representation of the People's Act, by way of an election petition. People need to know from nomination day that the person who has offered him/herself as candidate, that there is no disqualification out there that may haunt that person and disqualify that person from being in the house. So the judge - to us there was clear authority, and the judge ruled against issuing any injunction against the Returning Officer deciding whether Mrs Schakron will be accepted as a candidate. I really wanted to make the point that, naturally, I can understand how Mrs. Schakron is very hurt about this - and even her supporters. But the blame must be placed where it should be, and that is with People's United Party."

Lisa Shoman
"We are very confident that not only was this ruling not the correct one, but that we will be moving it forward. This is something that will be decided on behalf of Belize for all Belizeans."

And Schakron was then taken into the embrace of her supporters, hearty hugs, and what certainly looks like it is not her last stand.

Visibly distraught, she was in the arms of relatives and made a statement saying that she's still with the Lake.

Yolanda Schakron - Disqualified from Being A Standard Bearer in Lake I
"I am a Belizean, and I will continue working with the poor people of Lake I. I want every Belizean woman to come out on March 7 and vote against the vindictive evil Dean Barrow and the UDP Government."

Adele Ramos - Amandala Press
"Would you be willing to support another candidate should your party suggest that somebody else should go ahead with the nomination today?"

Yolanda Schakron
"Definitely, because I will not allow Mark King to represent the people of Lake I. Everybody, God bless you, and, Dean Barrow, the God I serve is greater than you."

She cannot go back on the renunciation.

We note that in his arguments, Rodwell Williams submitted that Schakron's constitutional rights were not being violated because there is a due course of action that can be taken after the Returning Officer's decision to uphold an objection to her nomination.

That process happens by way of an election petition.

We also note that - after the returning officer made her decision, Justice Legall informed Shoman that her application for an injunction is no longer valid because the Returning Officer already had made her decision. Shoman then amended her application and read it off her writing pad. Michael Young then told the court that Shoman had not followed the proper procedure. Nevertheless, Justice Legall allowed it given the urgency of the matter.

The new application asked for Justice Legall to issue an order to suspend the Returning Officer's decision, and restrain her from upholding any objection to Schakron's nomination based on her dual citizenship.

From, there both sides argued back and forth about the jurisdiction of the Returning Officer based on the election rules and on the constitution. Williams and Young were of the opinion that the officer had the jurisdiction to determine if Schakron is qualified to be elected.

Shoman argued that the officer had the jurisdiction to refuse Schakron's candidacy only on the basic nomination rules - not on the constitution.

In the end, Justice Legall refused Shoman's application to suspend the Returning Officer's decision to reject Schakron's nomination.

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