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J. Espat Alleges Lawlessness - PM Slams Back
posted (June 26, 2020)
The debate continued outside the house chamber where Chairman of the Public Accounts Committee, and one of the claimants who brought that law suit in court, asked for time to address the media. Julius Espat said he wasn't afforded that in the house. Espat says the PM's dismissal of the entire case suggests a worrying kind of lawlessness:

Hon. Julius Espat, PUP Cayo South
"What was alarming was what the prime minister said. He says that the chief justice gave an oral decision in court, but he didn't give a written judgement. We have documentation where our attorneys have been back and forth with their attorneys and also with the chief justice to be able to make sure that that judgement was given. What is alarming to me is the prime minister is now saying because his chief justice is now retired that the decision is non-decision."

Reporter
"Will there be a decision? Is it in the gestation...?"

Rt. Hon. Dean Barrow, Prime Minister
"No, he can't he's functus. That's the end of it. The people can start all over again if they wish, but no, you cannot get anything from the ex-chief justice."

Reporter
"Now Mr. Musa and Mr. Espat were standing where you are and they were saying that we will push this to an appeal and the Caribbean Court of Justice."

Rt. Hon. Dean Barrow, Prime Minister
"What is there to appeal. There is no judgement."

Reporter
"They gave a transcript of that oral."

Rt. Hon. Dean Barrow, Prime Minister
"But that is not a judgement. A judgement doesn't happened until it is reduce to writing signed by the judge and it receives the sort of seal of the supreme court. I've check myself personally. There you go, you obviously came first in your journalism class."

Reporter
"The government will not proceed to implement the changes as if it never happened."

Rt. Hon. Dean Barrow, Prime Minister
"What changes? I don't know about any changes. What the chief justice said I don't even remember precisely what he said, but I don't know that he had suggested that..."

Hon. Julius Espat, PUP Cayo South
"How is it that a case like this will just disappear in this air? That is the prime minister's words in there. This is a serious problem we are having in this country if you are elected officials - if your prime minister is not held accountable for illegal acts and unconstitutional acts then what can we expect of the system that governs us and so I was alarmed in there, I was annoyed in there by even the fact that the prime minister got up to even say that shows you the arrogance that is on display."

Hon. Kareem Musa, PUP Caribbean Shores
"Whatever the reason because I know that the chief justice's contract was never renewed. Now we have to look into the reason why. Is it because of this landmark case. We are talking about 1.5 billion dollars that he spent illegally and so is it because of this case that his contract was not renewed? Why is he not being granted an extension so that he can deliver a written decision. If he is saying he has not seen the oral that has put in transcript form, give the chief justice the time, because this is critical to our democracy."

Rt. Hon. Dean Barrow, Prime Minister
"Well let me blow them right out of the water and underline what hypocrites they are. We consulted them because we were prepared and we had said to renew this man's contract for a year. They made noise about it. We then suggested 3 months and they said no. Now granted I am not bound by their, but they made it plain that we proceeded they would go straight to court. It wasn't worth it. For them now to suggest that we didn't renew the contract in order to prevent the man from... he had enough time to perfect that."

Reporter
"Sir, but you cannot be defending the chief justice which your bar association has come down upon for doing exactly what he is doing. It's not only that judgement is outstanding. There are many more. This regrettably is his habit."

Hon. Kareem Musa, PUP Caribbean Shores
"This particular case there is a decision, so let's not mixed up apples and oranges."

Reporter
"You're not going to take that to Mr. Sosa, I don't think Mr. Sosa will accept what you say is a decision."

Hon. Kareem Musa, PUP Caribbean Shores
"There is a decision."

Reporter
"Will Mr. Sosa accept it?"

Hon. Kareem Musa, PUP Caribbean Shores
"I don't see why not."

Reporter
"What Mr. Musa is saying it just needs a signature for it to be perfected and the man is still in the country."

Rt. Hon. Dean Barrow, Prime Minister
"I am telling you that it does not. He functus. He doesn't have any judicial authority anymore. You can't go and sign something now when you are no longer judge."

Hon. Julius Espat, PUP Cayo South
"You can't just brush it aside or throw it under the bus or whatever we want to say, we cant. It is important that it is highlighted, it is important that we discuss it, it is important that we get a final decision on a situation like this."

The PUP says it will do all in its power to keep pushing the case to the Court of Appeal, and, if necessary, the CCJ.

Former CJ Benjamin left a number of outstanding, high profile judgements, which, now, also fall by the wayside.

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