Last night we told you about the extraordinary press release on the controversial tenure of Justice Samuel Awich from the Prime Minister's Office. What made it unusual was the suggestion that contempt of court could be invoked by the DPP.
Well today there was a lot of blowback on this – and the opposition led the way with a statement condemning the Prime Minister's release. IT calls the PM's release "bullying and intimidation" and says it is "ugly, divisive and unacceptable."
This morning we spoke to the PUP's National Campaign Manager – who is also a big part of the anti-Awich legal movement, Godfrey Smith. His words were very similar to those on the press release:
Godfrey Smith - Defends Bar Association's Resolution
"I think it is embarrassing to the Prime Minister. I think it is irresponsible for what was said in that statement to have been said. I think it is wrong to use such a high office to issue not so veil threats of criminal action against individuals who speak out, who exercise their freedom of expression, to speak out about a particular issue like the continued tenure of the judge based on a bar Association resolution which went to the process strictly to the process of extending the judge. And I think again, the open threat - not veiled at all - that a course of action will be taken to effectively deal with the Bar Association, I think is something that can be characterised as a modus operandi of the Office of the Prime Minister. And it is divisive and, as I said, scandalous, embarrassing to that high office and plain wrong."
Smith was at court for a related matter. Ashcroft Alliance All-star Dean Boyce is challenging the decision of the Judicial and Legal Services Commission in relation to a complaint he made about Awich. The Advisory Council dismissed the complaint as premature and misconceived – but Boyce and smith went to The Surpeme Court before Jsutice Courtney Abel to challenge that: they says the Commission should have referred it to the Belize Advisory Council – which is the body that can ask the Governor General to remove a judge. Smith explained their argument:
Godfrey Smith - Attorney for Dean Boyce
"Among many other things, we pointed out in this case that there were a number of judgments from the Court of Appeal in which judgments of Justice Awich were criticized in a severe manner and that along with everything else constituted - the Bar Association resolutions etc. constituted sufficient material for there to be a further investigation as to whether the conduct complained of amounted to inability or misbehaviour. The judge could do 2 things, he could find that the Judicial and Legal Services Commission did not err, did not make a mistake, and that they are correct, or he could find that they failed to take relevant considerations into account, which would perhaps mean that they have to re-hear that matter."
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