In January the Chief Justice delivered a decision saying that Prime Minister Barrow, acting as Minister of Finance was responsible for 1.3 billion dollars in budgetary spending that was not approved by Parliament.
But, while the judgement was read out in court, he never put it in writing, and he is now retired. And according to the PM that makes him "functus officio" legal talk for "of no further official authority or legal effect."
So he can't finalise the judgement now.
It came up in the house today because the opposition leader was trying to use this judgement to make the case that a slate of borrowings brought to thee house today should not be allowed. Certainly not from a PM whose term in office is ending, and one who has already been criticised by the former Chief Justice.
Here's how Briceno put it:
Hon. John Briceno, Leader of the Opposition
"Let's not forget that in March of this year, the side of the house came before this honorable house and tabled a vote of no confidence. In effect, it was a petition on behalf of the Belizean people, because we feel that the Belizean people has lost confidence in this government. Now during the debate of no confidence as usual the Prime Minister hurl his insults to us on this side of the house and the insults as usual they are very personal, but at no time did the Prime Minister could have address the fact that the member from Cayo South and myself had successfully brought before the chief justice a case that the government has violated the constitution and had unlawfully spent over 1 billion dollars without the prior approval of the house."
Rt. Hon. Dean Barrow, Prime Minister
"Point of order, there is no judgement of the chief justice with respect to the case they took before him. He gave some oral decision, which is non-decision because it has not reduce to writing. It cannot now be reduce to writing because the chief justice's... so them to talk about a lesson to be derived from... I won't allow that particular one to pull my tongue, because what I will say - I'm not saying it. Much as I would like to say I'm in control of myself and my emotions. Unlike him with whom we must sympathize because again he has a complete inability. Any way let me proceed... talk about the chief justice's house that you thief, talk about what happened on Forest Drive, talk about St. George's Caye... you are the one..."
We'll have more on the actual loan debate later on in the news.
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