There is discord in judicial circles after the Bar Association endorsed an unprecedented resolution, suggesting the appearance of bias in the timing of the appointment of a Justice of Appeal. 

The resolution was proposed at a Bar Association meeting on Monday – and it was agreed to by a consensus position. Â It speaks about the lead majority decision penned by Justice Samuel Awich for the BTL second acquisition, a pivotal constitutional case. Â That judgment was delivered on May 15th., the same day Awich’s contract expired, and then, the resolution notes, on the 19th May, Prime Minister Dean Barrow wrote to the Leader of the Opposition advising him Justice Awich would be appointed as a Judge of the Court of Appeal until the age of retirement. 

The Bar resolution says, quote, â€œthe Association is very concerned that the above sequence of events gives rise to a real likelihood of an appearance of bias which tends to undermine confidence in the independence of the Judiciary in Belize.â€￾ End quote. 

While the bar has attacked Awich before when he was a Supreme Court Judge – that time for maladministration, this is the first time – to our knowledge that it has formally suggested an appearance of bias involving any sitting judge. 

It’s as strong a condemnation as there can be in the genteel language of the legal profession – and it comes after the Ashcroft Alliance made the same suggestion against Awich. 

 

The resolution goes on to bash the government saying it quote, “condemns the appointment of Court of Appeal judges on short term contracts….and calls on the Government to…. (eliminate) the private negotiation of the terms and conditions of service for Court of Appeal judges…â€￾

We did try to reach the Prime Minister who appointed Awich for a comment, but he did not respond to our requests.