The ceremonial opening of the Supreme Court was held today in Belize City. The event was attended by the usual pageantry and the crackle of stiffly starched black robes processing through the major streets.
But while it may look the same, this year is different because the Court is transitioning out of a year a year of epic changes and approaching another which will see a new Chief Justice and a new final court of Appeal.
And acting Chief Justice Samuel Awich looked like he had some baggage to get rid of before welcoming the new, speaking out on the retirement of his predecessor, which the Bar Association called unseemly.
We'll get to that, but we begin, as always with the ceremony…Here's Andrea Polanco's report.
Andrea Polanco Reporting
The official opening ceremony to mark the opening of the legal year of the Supreme Court of Belize was held today. The day started off at 9 this morning with an ecumenical service at the St John's Anglican Cathedral on Albert Street with. Officiators of the service included Anglican and Roman Catholic Bishops along with representatives of Presbyterian Church, Salvation Army and the Muslim Community.
Following the brief church service, a procession of the of the Bench & Bar led by the marching band left the Cathedral enroute to the Supreme Court off Albert Street through Regent Street. Upon Arriving at the Supreme Court, after the arrival of the Judges, the Acting Chief Justice Sam Lungole Awich did the traditional inspection of the guard of honor as members of the Bar, the Governor General Sir Colville Young and a small crowd of bystanders looked on. After the General Salute, the procession assembled in the Chief Justice's Court Room.
Tasked with the responsibility to convene this special sitting of the court this year, acting Chief Justice Sam Lungole Awich said that the year 2010 was one marked with significant events pivotal to the Judiciary, particularly Belize joining the CCJ:
Sam Lungole Awich-Acting Chief Justice
"Caribbean Court of Justice Act completed the divestment of the Privy Council in the United Kingdom, of the jurisdiction of final appeal over Belize cases. The historic process commenced with an agreement styled, "An Agreement Establishing the Caribbean Court of Justice", signed by "member states of "the Caribbean Community", on 14.2.2001, at Bridgetown, Barbados. Pursuant to the agreement, the House of Representatives and the Senate of Belize this year, amended the Constitution of Belize by removing the Privy Council from the apex of the rank of courts in Belize, and replaced it with the Caribbean Court of Justice. On the ground, the CCJ became a reality for Belize when on 29.11.2010, the Court heard the first final appeal case from Belize. Those who are nostalgic about the past have something to retain. The practice has developed whereby clients and attorneys in Belize have been able to instruct barristers practicing in England to represent them in the courts of Belize even-though there is no reciprocal arrangement for Belizean attorneys not qualified in England to represent clients in courts in England."
Awich said that while leaving the Privy Council wasn't universally embraced, other major changes also took place in the personnel of the Superior Courts with appointments and retirements of magistrates and Justices of the Supreme Court. One particular change was that of the retirement of Former Chief Justice, Abdulai Conteh, which was announced last year.
Sam Lungole Awich-Acting Chief Justice
"You may remember that some members of the Bar Association of Belize and some section of the press made much about the retirement of Chief Justice Conteh. Judges of the Supreme Court did not share their views. Since we were not consulted in private we maintained silence as is the tradition of judiciaries all around the World. The fact was that, it had been confirmed to Chief Justice Conteh about eleven months before his retirement date, that his tenure would not be extended beyond retirement age. There was nothing unconstitutional about that."
But while more personnel were recruited with the hope to strengthen the justice system, crime remained a problem through-out 2010 and Awich said that it hit home for them and while the public spoke out on the issue, the executive of the Bar was a bit late:
Sam Lungole Awich-Acting Chief Justice
"In October, an attorney and his wife were killed in their house which was in a built up area. Earlier in the year a very senior and respected attorney was shot and gravely injured while leaving his office. Many other innocent people were similarly brutalized in 2010. The number of reported homicide in 2010 is 132. That is too high for the population of Belize. The Executive of the Bar Association of Belize was a late comer to the array of people who voiced their disapproval, but better late than never. The Bar is certainly better suited than many to assist in the fight against crime should they wish. Maybe we will hear from them. They could assist with investigation and prosecution of criminal cases, and with training of personnel."
The President of the Bar Association Jackie Mashalleck in her address said that while popular belief is that the legal system is broken thy are not of that view, but instead recognize that they are numerous daily challenges that they face.
Jackie Marshalleck, Bar President
"I like many persons seated in this courtroom today am aware that present that the opinion and perception of some members of the public is that our legal system is broken. We have heard the calls for vigilantism. I was disturbed to read in one newspaper that a senior counsel had been quoted as saying that the system is broken. We members of the Bar Association in general do not for one minute subscribe to this view. We are willing to concede that the system is currently under great stress and facing some of its greatest challenges ever. In 2010 we experienced an alarming increase in the crime rate and an increase in the number of civil claims. This unfortunate state of affairs was set up against an embattled police force, a court system operating without its full complement of judges and magistrates from time to time, and an office of public persecutions with its own challenges and the judicial system with a budget allocation severely curtailed by economic recession."
The Acting Chief Justice also presented the Court's report card, which he said showed that the rates of cases concluded last year compared to the number registered, were very high. The Court of Appeal showed very high percentages with 85.7% of completed appeal cases compared to 96.6% of registered appeal cases. In the General Magistrate Courts 13,655 criminal cases were registered and 11,350 concluded. 6,114 civil cases were registered, and 4,620 were concluded. Awich said that to maintain these rates of completion, it is important to keep vacancies in the judiciary filled.
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