2 weeks ago, we told you how Police Corporal Eldon Arzu, the incumbent Chairman of the Police Association, was voted out of office by over one thousand police officers who were eligible to elect a new Central Board for the Association.
He lost to the opposing slate of 7, led by Sergeant Jane Usher, but now, he has gone to the Supreme Court to stop them from being installed as the new leaders of the Association. In an application for judicial review, Arzu and his legal team complain that these elections were due from January 2020. They further contend that if the Police Commissioner actually followed the strict deadlines set out in the Police Association Rules, Arzu and his team would have been endorsed last year as the new Central Board.
Arzu has consistently complained about bias against his candidacy and his leadership, but he says that the way this election process was handled over the last few months, is enough to proof.
His attorneys are making the case that Commissioner Chester Williams has been arbitrarily extending the deadlines for nominations, and that is how Sergeant Jane Usher and her team were able to enter the race and become elected. He now has to convince the Supreme Court judge, Justice Sonya Young, that he has an arguable case.
This afternoon, he and his attorneys showed up ready to present reasons why they should be granted leave to bring a judicial review case. Due to a mix-up, that hearing has been adjourned until July 9th, but today's appearance in court allowed us an opportunity to speak with Arzu's attorney about this move to try and block the newly elected Central Board of the Association.
Here's what they told us after exiting court this evening:
Nazira Myles - Attorney for Cpl. Arzu
"We filed an application seeking permission to file a judicial review claim in the court that the election that took place for the Belize Police Association on June 17, that it was done illegally, and any result is null and void."
"We base our application on the law itself. The Police Act has rules that govern the association, and those rules give specific dates by when nominations should be made, and specific rules by when the election should take place. And if you read it carefully and you contrast it with when the election took place, and certain actions before the election, in terms of getting certain officers in the nomination slate, it was not done legally."
Reporter
"Out of curiosity, if you had filed an injunction, and you obviously thought that the election that was to proceed was illegal, for the reasons you've stated, why participate in it?"
Nazira Myles
"Well, our client's position has always been - and we have correspondence to that effect, that he was nominated from the 15th of November, which makes it legal. So, really, he and his slate should have been declared the central board. Thereafter, the extension kept taking place for nomination by extensions from the Commissioner of Police. He has correspondences to the scrutinizing officer, to the Commissioner of Police, to the Minister of National Security, where he is asking on what basis this election is going to take place. And in a specific correspondence, he makes it known that he is accepting the nomination, but his participation in the election depends on an explanation on what legality is being done."
Arzu's attorney, Nazira Myles, also called the Commissioner out and accused him of being intentionally misleading to the general public.
Last week, during a police press conference, we asked the Commissioner about this pending lawsuit disputing the outcome of the elections for the Police Association. In that interview, he also suggested that Arzu, through his attorney endorsed the elections that they are now seeking to challenge.
For context, here are the Commissioner's comments, followed by Myles' response this evening:
FILE: June 22, 2020
Chester Williams - Commissioner of Police
"One day before the election, Mr. Arzu, through his attorney, put out a statement, basically endorsing the election. Why will it be now after the election he lost, that he is going to want to challenge the process? If he were victorious, I'm sure he would not challenge the process."
Nazira Myles - Attorney for Cpl. Arzu
"Several persons asked me whether or endorsed the election, and I represent Mr. Arzu. And in the press release we issued, its either the day before the election or the same day of the election, I made no mention of the election. So, I would want the Commissioner to show me which document I issued to the press, saying that I endorse - as Mr. Arzu's attorney - any election. There is no document by which I issued, my cover letter, or on behalf of Arzu, endorsing any election."
We've seen a press release that Myles sent out before the elections, and indeed, there is no written support for the process. They also point out that this application for judicial review against the election from 2 weeks ago was filed before those elections happen.
Again, we hope to have a comment on this from the commissioner of police tomorrow.
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