For the past 2 days, the Caleb Orozco's challenge to the Government of Belize has been extensively aired before Chief Justice Kenneth Benjamin. Queen's Counsels Christopher Hamel-Smith and Lord Peter Goldsmith made a total of about 11 hours of arguments in court as to why Section 53 of the Criminal Code is offensive and should be struck down.
Well today, the Government of Belize was given a chance to respond, and Deputy Solicitor General Nigel Hawke defended the law before the court. The strength of his argument was on the central point that the rights Orozco is claiming do not exist in the Belize constitution. According to Hawke, nowhere in the written text of the constitution does it name a right to privacy, human dignity and sexual orientation.
He submitted further that the court does not have the jurisdiction to imply, impute or impose these supposed rights into the constitution because it would be giving itself legislative powers, which violate the doctrine of the separation of powers.
Hawk's presentation lasted 3 hours.
And while that was today, yesterday Lord Peter Goldsmith represented his international clients yesterday. We asked him about his clients' interest in the outcome of this case, and about that prevailing perception that there's a foreign agenda at work.
He told us that contrary to the widely held belief, he was not retained to press for the decriminalization of sodomy in Belize on behalf of wealthy international interests.
Lord Peter Goldsmith, QC - Attorney for International Interested Parties
"We are representing three distinguished international organizations who are concerned about the rule of law, the Commonwealth Lawyers Association which has members from all over the world, the International Commission of Jurists which is one the most distinguished legal organizations, and the Human Dignity Trust which has patrons such as the former Chief Justice of South Africa and the former chief justice in Wales and many other distinguished patrons."
Reporter
"How is is that they attached themselves to this case?"
Lord Peter Goldsmith, QC
"Because they believe this is an important case, important question - the rule of law, rights of individuals and we've therefore come to assist the court to reach a decision."
Reporter
"What are the international implications of this?"
Lord Peter Goldsmith, QC
"In all cases, we trace questions like this. It will be looked at in different parts of the world, to study and to see what the experience in Belize is and to draw from the decision of what the judge will make."
Reporter
"So in a sense this is a test case so to speak?"
Lord Peter Goldsmith, QC
"I don't know if it is a test case for Belize, but it's an important case and people will study as they've studied decisions in other part of the world with interest."
Daniel Ortiz
"Sir, we also take note that you made mention that a lot of ink has be put into the issue of foreign agenda. Can you speak briefly on the commentry that you've seen."
Lord Peter Goldsmith, QC
"What I was trying to say was that I thought it was a very unfair suggestion to make that people who are foreigners are coming because we're here to help the court reach it's decision. Actually it's very ironic because the law, which is being attacked here, which they are trying to preserve - is not a Belizean law. It's a law that was brought by the British colonizers. It's a legacy of the imperial past. So it seems very ironic in those circumstances to treat it as something which Belize has to keep. Whether Belize Wants it is another issue."
Daniel Ortiz
"Sir, can I take an opportunity to be direct here?"
Lord Peter Goldsmith, QC
"Sure."
Daniel Ortiz
"You, sir, are a distinguished Queen's Counsel and a former Attorney General - there is the perception that you have a Great Legal acumen and the ability to present your arguments before the court and as a result there is an appropriate proportional cost. It lends itself to the perception that the international parties are here to either support and/or finance Caleb Orozco and the UNIBAM. So, the conspiracy theorists in Belize have just made the further leap that there's a foreign agenda here."
Lord Peter Goldsmith, QC
"Let me make this clear because I'm glad you asked me this question. I am doing this case for free. I am not being paid anything for doing this case. We are here because we believe it is an important case and I'm a member of the Bar of Belize and very happy to have the opportunity to assist the learned Chief justice to reach a decision in this case; nothing to do with financing or anything of the sort. Quite the contrary, we're doing it for free."
Senior Counsel Eamon Courtenay made representation on behalf of the Churches in the afternoon session today. His arguments lasted two and a half hours.
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