Edmond Castro, the Belize Rural North Area Representative, and the Minister of State with responsibility for Transport, got some good news today when he walked out of the Supreme Court. Chief Justice Kenneth Benjamin struck out the claim brought by Trevor Vernon, a resident of the Rural North constituency.
Vernon was seeking to have the court declare that Castro behaved improperly as a public official when he accepted cheques for personal expenditure from the Belize Airport Authority, a statutory body which handles public funds for a very specific purpose.
But, the actual case didn't even get heard because at the last adjournment 2 weeks ago, Castro's Attorney, Denys Barrow, made an application to strike out the claim at the initial stage. His contention was that the Vernon's claim violated the rules of the court because was brought in the wrong form. Barrow submitted that because of that, the Chief Justice shouldn't hear the case since the reliefs being sought couldn't be granted.
Chief Justice Benjamin agreed with Barrow and at today's adjournment, the case was struck down. We tried to get a comment from Castro about his vindication at the early stage, but he was determined to remain mute on the topic. Phillip Palacio, the attorney who was pressing the case against him, was a bit more forthcoming, even though the matter didn't go anywhere. Here's what he had to say:
Phillip Palacio, attorney
"The natural reaction: very disappointed, but as how it goes in the practice, I will have to seek advice from the client to see what he is going to do about it."
Daniel Ortiz
"Sir, if I understood correctly Mr. Castro, his application was successful on a mere technicality because it was under private law instead of public law."
Phillip Palacio, attorney
"Yes, they say that there is no technicality - it's only the law. Indeed the claim was brought under: 1) seeking administrative orders and the Chief Justice pointed out that it should have been brought under private law, so like I said, I'll check with the client and we will see where we go from here."
Daniel Ortiz
"Can this matter be brought back in another form, in any kind of way? This matter, some would say is very important to be ventilated in court."
Phillip Palacio, attorney
"There were stipulations given by the Chief Justice in his order when he struck out the claim. There is an order for cost and the cost must be paid before any other claim of this nature can be brought again before the court. So there is an order for cost and so Mr. Vernon would have to comply with an order for cost if he intends to pursue this matter any further."
Daniel Ortiz
"Had you guys discuss whether or not if this is the outcome that they would be another step after this?"
Phillip Palacio, attorney
"There has been discussions. For Mr. Vernon I don't think this is the end of it. Like I mention earlier he can pursue subject to the cost being paid. There is also the provisions under the Prevention of Corruption Act that he can probably pursue in order to have this matter address."
Hon. Edmund Castro
"Speak to my attorney."
Daniel Ortiz
"Your attorney isn't here sir."
Hon. Edmund Castro
"Speak to my attorney."
Daniel Ortiz
"You must could give us a reaction."
Hon. Edmund Castro
"It's just stressful..."
Daniel Ortiz
"Yes, but you won this particular application and the fact of the matter is that you got off on a technicality."
Hon. Edmund Castro
"Okay lawyer."
Vernon must pay costs to the court for Castro and his attorney, as ordered by Chief Justice Benjamin. He will then have the opportunity, if he so chooses, to bring the matter back under the prevention of corruption in public life law.
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