So, while the Caribbean LGBT community now gets to digest the decision of the CCJ on Tomlinson's immigration law challenge, the local gay community continues to complain about Chief Justice Kenneth Benjamin, who has yet to deliver the judgment to Caleb Orozco's lawsuit.
It's been 3 years now since Chief Justice Benjamin reserved judgment on the case of the gay rights activitist's challenge to Section 53 of Belize's Criminal Code. That's the law which says, "every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for ten years." Orozco says that continues to violate his right to privacy, dignity and equality as a gay man.
Today, the CCJ apologized to the parties for taking 14 months with the Tomlinson case. But the CJ's judgement is at 36 months, and so we asked attorney Lisa Shoman about the long legal gestation:
Daniel Ortiz
"You have any comments to share or any opinions to share and what appears to be undue delay in the delivery of judgment for Mr. Caleb Orozco? The CCJ was of the opinion that they needed to apologies for what they believe was the undue delay in this case."
Hon. Justice Rolston Nelson - Judge. Caribbean Court of Justice
"The court acknowledges and regrets the delay in delivering this judgement."
Lisa Shoman - Attorney
"I noted that. I think it is important to state that the Orozco case has now been awaiting a decision for 3 years and that it is critical to get that decision as the maxim, goes justice delayed is justice denied. So, we are anxiously awaiting that decision and looking forward to the day when we too can sit in court and hear the ruling of the chief justice on that matter."
And, while Shoman was careful in her comment, Caleb Orozco certainly is not going that route, and he's calling the Chief Justice out directly.
Today, via email, his gay rights organization, UNIBAM said, quote
"While the CCJ rendered a decision regarding Maurice Tomlinson's legal case ...in 14 months, The claimant (meaning Caleb)... has had 36 months pass…Such an egregious delay, is a failure to act and reflect a sign of our judiciary not performing its duty in the provision of justice." End Quote.
The UNIBAM comment continues in an exasperated tone saying, quote, "The United Belize Advocacy Movement calls on the Chief Justice to define, what constitutes, a reasonable time in constitutional matters?...If citizens are to turn to the Court for constitutional redress, but the Court cannot be relied on to efficiently decide on constitutional matters, (it) sets us on a slippery precedence in our citizens access to justice." End Quote.
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