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Redistricting Case Still In Court, GOB Asks For It To Be Thrown Out
posted (April 7, 2025)
And now to court news, the Belize Peace Movement was back in court today trying to get the redistricting ball rolling again.

It's a matter that was brought from before the general election - in the hopes of forcing a redistricting exercise before the election could be held.

That didn't work - but the case rolled on today.

However, GOB's attorneys have filed for the case to be thrown out on the basis that this very same case has already been adjudicated with the same claimants, minus Roody Wade.

Attorney Hector Guerra from Marine Parade Law Chambers explained more.

Hector Guerra, Attorney
"We presented arguments today that focused on two points, the first is that we said the matter was res judicata. There is previous case, the Paco Smith case if you recall from back in 2019 which addressed similar issues and 6 of 7 claimants today were also involved and so we advanced arguments to say that this is abusive. This matter has already been decided by the court and in fact a consent order was issued by the court that was agreed to by all the parties and that addressed the very same arguments that are being advanced by the claimants, that is malapportionment. But I think it's important to note that the Cabinet last week I believe issued a press release in which they committed to facilitate the process of redistricting so really this entire case is moot because the constitutionally envisioned process is now in motion. My instructions are that the elections and boundaries commission is fully prepared and is on standby, ready willing and able to carry out whatever duties they're required to do under the constitution."

"The fact is that Roody Wade has given evidence in these proceedings to say that he was aware of the judgement that was issued by Justice Nabi in terms of enforcement proceedings that were carried out in the Paco Smith case so he was aware of the issues. Against that backdrop, he then commenced a fresh claim, along with the very same claimants that were involved in the Paco Smith claim. He is the only person who has filed affidavits in this matter. In all those affidavits, Mr Wade says he is filing the affidavit in support of the claim that is filed by the claimants so the simple fact that we're trying to advance, the simple argument that we're trying to make is that Mr Wade shares a similar interest along with the other claimants, he was aware of the previous claim, by virtue of reading the decision by Justice Nabi, he has advanced evidence by way of affidavits in these proceedings and really the reliefs that were sought in the Paco Smith claim and in this claim all surround the issue of electoral divisions."

But is the BPM trying to get another bite at the cherry? The media asked their attorney, Hubert Elrington, who was holding brief for Sharon Pitts.

Hubert Elrington, Senior Counsel
"Our bite is so good that you don't need 2. One bite is enough. We are saying to the elections and boundaries commission, you have a duty not to hold any old election, your election must be constitutional. And we are going to bring you to the court to compel you to do that if you don't know what your duty is and if the Attorney General of Belize doesn't know what he should advise you, we are going to bring you despite his defects and shortcomings. He is the one that should have been fighting for us. You see, we were depending on the Attorney General to fight for us, he has let us down badly, so we have to fight for ourselves, thanks to these gentlemen from BPM. I was amazed when I ready the application, they have decided to step up front."

Reporter:
"What about the argument that the consent order covered basically this matter here?"

Hubert Elrington, Senior Counsel
"That is a non-argument made by people who should more than laymen."

"A lawyer would not raise such an argument and would not make such a submission. They should have left that for a layman to say that."

"The constitution gives certain powers to the National Assembly. The constitution gives certain powers to the courts. The constitution gives certain powers to the Cabinet. Correct? But it also, very importantly, gives a specific constitutional duty to the election and boundaries commission, thou shall hold general elections every five years at the most, which are constitutional."

Justice Hondora has reserved judgement.

We note that last week Cabinet agreed to, quote "facilitate the (Elections and Boundaries) Commission to ensure that the re-divisioning exercise will be completed within one year."

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