7 News Belize

Ashcroft Seeks To Join Redistricting Suit
posted (February 7, 2020)

And while the Barrow Administration continue to grapple with the Lev Dermen scandal, one of the PM's old adversaries, Lord Michael Ashcroft, has re-emerged in an interesting case that could re-map Belize's political landscape. 

Ashcroft wants to participate in the redistricting lawsuit that the Belize Peace Movement and others have brought against the Government. He has made an application before Chief Justice Kenneth Benjamin to join the lawsuit as an interested party.

You'll remember that the re-districting lawsuit is a challenge from the independent politicos behind the Belize Progressive Party, their Belize Peace Movement, the Vision Inspired by the People, and a coalition of other nationalists. They say that for far too long, there has been a huge disparity in the size of the 31 electoral constituencies countrywide and that a redistricting exercise is overdue. They make the point that according to the constitution, these divisions should be as equal in size as possible, to ensure that each vote has the same value in an election.

The disparity between the size of the constituencies is so significant that, for example, in the 2015 General Elections, Fort George Had just over 3,000 registered voters, while Belmopan had 3 times that amount at over 9,000 voters.

So, what is Ashcroft's sudden interest in this case as one of the most controversial figures in Belize's politics? That's what we tried to find out from his attorney after today's hearing:

Andrew Marshalleck, SC - Attorney for Lord Ashcroft
"The application has been set for hearing on the 17th of February, and the reason for it is that he thinks it's an important matter, and attention needs to be drawn to it. We've seen a preliminary analysis of the numbers, and the extent of the Malapportionment, and [we] are absolutely convinced it must be fixed."

Reporter
"When was his expressed interest in joining this lawsuit?"

Andrew Marshalleck, SC
"What do you mean when? When did he first come? It was sometime in December, I believe, or late November."

Reporter
"Is there any concern that the Belizean public may interpret his interest as something sinister, or that there is some reason that they should be distrustful of his interest?"

Andrew Marshalleck, SC
"I am sure it will bring all the conspiratorial theorists out of the woodwork."

Reporter
"If he joins as an interested party, what is his role in the lawsuit, then?"

Andrew Marshalleck, SC
"What I don't want to do is to distract away from the claim, and to talk about the personality, when your focus and your interest ought to be, as a Belizean, and a good journalist is how it is that the districting, as it currently exists, affects your right to vote, and how does it affect others. Is it fair, and is it constitutional?"

We also got a chance to speak with the claimants about Ashcroft's intention to join their case. Here's their attorney, Arthur Saldivar had to say when we questioned him about it:

Arthur Saldivar - Attorney for the Claimants
"Today was set for directions in terms of disclosure and other requirements to move the matter along. But, as you have heard, we were not able to get to that today because there were other matters that the court must deal with before we can tackle the directions that the judge must lay down."

Reporter
"Sir, have you and your clients discussed this interest that Lord Michael Ashcroft has to join the lawsuit that your clients have brought?"

Arthur Saldivar
"We have just been made aware. Again, this is not something that we knew about in advance. But, certainly, having been made aware of it, my clients, being who they are, and understanding what Mr. Ashcroft has represented in the past in Belize, have their trepidations, and hopefully, one day before this matter comes before court for hearing, Mr. Ashcroft would make his intentions known to my clients, so that we would know where he is coming from, and what his interest is in this. Outside of that, the focus has to be on what the matter is about: the constitution of Belize in relation to its requirement to ensure that the constituencies are as equal as possible, and how that portends to the validity and legitimacy of our democracy. And we cannot escape that. There is no personality bigger than the constitution, no personality bigger than the interest of the people and the country. So, whatever his intentions are, down the road, I believe sooner rather than later, we'll find out."

Reporter
"Now, the UDP Convention is Sunday. That's 2 days from now. Let's assume that the new leader, whoever he turns out to be, wants to select a date in the near future for elections. Do you think that the Elections and Boundaries Department will have the time to do what it is that you're asking them to do?"

Arthur Saldivar
"Again, we are jumping the gun here. At this particular juncture, what we are seeking to have happened is for the Elections and Boundaries to do what they are mandated to do by Section 90 of the constitution, which is to proposals to the National Assembly, to have the constituencies to be as equal as possible. As it stands, there can be no legitimate election in Belize, based on the composition of the constituencies. So, it would be a pyrrhic exercise to have an election with the present composition of the constituencies. It is unconstitutional. So, we should not be accepting this."

Since Ashcroft's application to join the lawsuit was recently filed and served on the litigants, it has been postponed until February 17th. This will give the attorneys for the Government and the Claimants an opportunity to prepare their arguments why he should or shouldn't be allowed to join the case. We'll be there to tell you how it goes.

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