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And the man accompanying Moya to court will be attorney Michael Peyrefitte. Peyrefitte has previously defended at least one high profile former public official accused of mismanagement of public funds and that’s Ralph Fonseca. But Fonseca was charged after leaving government in the time of a government led by his political opponents; Moya is being charged as the sitting UDP Mayor under a UDP government. It’s a first, but today when we spoke to Peyrefitte, he was nonplussed; he said he does not know what the charge is but is ready for whatever.

Michael Peyrefitte, Attorney for Zenaida Moya
“I don’t want to presuppose what the charges will be because I don’t know but I approach every case soberly and without emotion and I would just simply look at what the charges are. If they are not supported by the evidence, if they are not good charges, I will make my submissions.”

Jules Vasquez,
“Have you investigated an amendment to the Belize City Council Act in so far as what we at Channel 7 called the Managing Mayor Moya Bill which sought to change the powers of oversight by the Minister of Finance? Have you investigated that because as we understand she is being charged for failure to comply with those regulations?”

Michael Peyrefitte,
“Yes I have studied the regulations but like I said I don’t know what the charges are. The regulations are very clear and we will have to see if she is charged pursuant to those regulations whether or not there is enough evidence to support the charge. But like I said I have no idea of what the charges are.

I know usually when charges are made of this nature, sometimes the people who are charging run the risk of putting emotion into it and naturally sometimes they make the mistake of putting the most entertaining charge instead of putting the proper charge. I am not saying that is going to be done in this case. I am saying that whatever charge they put, that is what we’ll be looking at and for their sake, they better have the evidence to back up that particular charge.”

Jules Vasquez,
“You ran for the UDP as a general election candidate in the last election. Are you surprised or dismayed as may be the case that under a UDP government a UDP Mayor is being charged for mismanagement of public funds?”

Michael Peyrefitte,
“Well in this life Jules very little surprises me anymore but I am not that politically sophisticated as you may be. I am a lowly little lawyer in the corner. I don’t look at it politically in anyway. That is not my job. I am sure that both sides will have their own political machines going but my job is strictly is to look at the legal situation and the Mayor has not asked me to do political work for her. She has asked me to represent her if indeed she is charged criminally with certain offenses under the law. So that is where my focus is and I haven’t allowed myself to delve into the other area that may be surrounding the situation.”

And while Mayor Moya will be charged in the Magistrate’s Court, her case may already be going to the Supreme Court. That is because yesterday Moya - through her other attorney Hubert Elrington - filed a suit for constitutional redress in the Supreme Court. They are asking the court to declare the changes to the City Council Act last year unconstitutional – and in breach of the mayor and her council’s autonomy as an independently elected body.

Hubert Elrington, Attorney for Zenaida Moya
“The Mayor is not saying that she is not responsible. She is saying just the opposite, ‘I am the Mayor and it is my responsibility and the councillors’ responsibility to look after the affairs of the Belize City Council. It is not the responsibility of Mr. Patrick Tillett or the Minister of Finance. If Mr. Tillett is now in charge of City Council we want to know how. Is it the constitution of Belize that says he can be there? Is it the Prime Minister that has the power or the Minister of Local Government or is it the people of Belize? Who is in charge? There is a question of who runs City Council, who is in charge. What form of government? Are we going to have a democratic system and adhere to it or are we going to after the election say the democratic system doesn’t matter, the election doesn’t really matter, Mr. Tillett will run things and tell the Mayor what to do.”

But not so fast says the City Council. In a late evening press release signed by Deputy Mayor Dion Leslie – the council says that the constitutional motion filed by Mayor Moya is only behalf of her and not the council. According to the release, “the Belize City Council has held no meeting discussing or approving the commencement of this case.” It continues that, “the court action has been brought by Mrs. Moya-Flowers in her personal capacity and without any approval, endorsement, or participation from the Belize City Council.” The resolution ends by supporting the imposition of central government’s financial controller.