Yolanda Schakron's election petition was denied in the Supreme Court today.
On Monday, preliminary arguments were delivered before Chief Justice Kenneth Benjamin.
Schakron's attorneys argued that the Returning Officer for Lake Independence, Noreen Fairweather, had overstepped her legal bounds when she she disqualified Schakron based on her dual citizenship.
The attorneys for the Mark King and the Attorney General's Ministry contended that this matter had already been decided upon by Justice Legall in the injunction case which was heard on nomination day, February 17.
In court today, Chief Justice Benjamin pointed out that Justice Legall's ruling still stands and it has the backing of the Supreme Court.
Chief Justice Benjamin said quote, "The decision from Justice Legall is a final one on the matter, and stands in full force."
And with that said, the Chief Justice ruled that the application was refused and ordered that the appellants pay $5,000 to the respondents in court costs.
Lisa Shoman, attorney for the appellants, spoke to the media outside of court, and, out of defeat, she conjured victory: she said that this decision affirms their position that the Returning Officer was wrong when she disqualified Schakron on nomination day.
Here's what she and Schakron told us:
Lisa Shoman
"The reasons for the decisions are basically in two parts; the first on which we were quite successful is the preposition that the returning officer only has the right to look at the nomination paper to see whether the nomination paper is in proper order. The court did accept that that is something that is very arguable and that that is probably the right preposition, and it is only in very limited circumstances that the returning officer can look to anything else."
"The other issue was whether there was this other claim; the constitutional claim. Whether it is the same or it is not. Obviously the Chief Justice took a position that the `issues are substantially the same and that the parties are substantially the same."
"It is for that reason only that leave is being refused for Yolanda Schakron to file an election petition."
Marion Ali, Reporter
"Obviously you all thought that you had a very strong case. Are you surprised by the decision?"
Lisa Shoman
"I am a little hesitant to say whether I am surprised. Obviously we heard the arguments that Mr. Barrow made; they were good arguments. We still hold to our position that they are not the same case. It is something different, and so we will be looking what our next steps are. However I would like to repeat that we believe that the central premise was still very much the same, and it is important because these kinds of issues will arise to returning officers in the future, and the fact of the matter is that the law is very narrow. The returning officer is not an election judge, cannot conduct the kind of inquiry that is needed to look into matters of disqualification, and in the future if disqualifications arise, returning officers are not simply going to treat it the way that Noreen Fairweather treated this matter on nomination day. They will know the limits of their power and know that it is only a patent absurdity or a patent clarity, then, therefore they can proceed."
"On that day let's be very clear. What was presented to Noreen Fairweather was photo copies of photo copies and allegations in the media, nothing more. No exercise was conducted to see whether in fact and in law there was the disqualification claim, and that has still not been established by the law as far as we are concerned."
"A ruling was handed down by Mr. Justice Legall sometime on Friday; we had no notice of that ruling, but be that as it may - and an order was perfected on the very same Monday in which we were in court. That was the 24th of March. That was Monday. So therefore these matters of which only at the last moment we had a ruling on - and clearly you cannot appeal something that appears for you the same day that you are going into court on another matter."
"So we will be looking at the options."
Reporter
"Ms. Schakron with her issues of nationality; has she fully given up her US citizenship?"
Lisa Shoman
"I don't think that that is a question that I am prepared to answer. That is really is for her, and she will decide how she wishes to answer that."
Yolanda Schakron
"I would not like to comment on the US citizenship right now. I think that the case before us was more important."
"I will tell you that I will continue working with the Belizean people; I will continue working in this country; I will continue working against the injustices. Yolanda Schakron will go nowhere."
Marion Ali, reporter
"So you are not discouraged from running again come next election?"
Yolanda Schakron
"Not at all. I am here, and I see the suffering of our people, and I am here to work for the Belizean people and to serve the people of this country - make a better life for them."
As noted in the interview, according to Yolanda Schakron's lawyers, the photograph of Schakron's US passport which we have showed you, is just a copy of a copy. And when put before the court, it's just an allegation made by this media house.
We assure you that the photograph we showed you is a valid one, and its authenticity is not in question. We can assure you that it was not created or doctored so as to defame Schakron's character.
And besides, Schakron admitted to it and even validated our copy by accusing 7news of being somehow involved in the theft of her passport.
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