The Bar Association Executive has said it does not support the reappointment of Justice Samuel Awich to the Court of Appeal. The objection of the executive now extends to the full membership of the association. At a meeting held on Tuesday night, the Bar approved a rather strong resolution saying it does not support the proposed reappointment of the justice to another eight years on the bench.
The Bar cited a resolution going back to 2012 which stated that he lacked the wherewithal to sit on the bench of the Court of Appeal. There are also concerns that the timeliness of his reappointment gives the appearance of bias and leans toward undermining confidence in the autonomy of the judiciary. That is because, according to the resolution, “on the said fifteenth of May in an important constitutional case relating to the nationalizations of Belize Telemedia Limited and Belize Electricity Limited in which the lead decision for the majority in favour of the Government was written by Justice Awich, and on the nineteenth of May 2014, the Prime Minister wrote to the Leader of the Opposition advising that he intended to propose that Justice Awich be appointed as a Judge of the Court of Appeal until he reached the age of retirement.” The Bar also says that it condemns the appointment of Court of Appeal judges on short term contracts. And the People’s United Party has also objected to the Justice’s reappointment.
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There is discord in judicial circles after the Bar Association endorsed an unprecedented resolution, suggesting the appearance of bias in the timing of the appointment of a Justice of Appeal.
The resolution was proposed at a Bar Association meeting on Monday – and it was agreed to by a consensus position. It speaks about the lead majority decision penned by Justice Samuel Awich for the BTL second acquisition, a pivotal constitutional case. That judgment was delivered on May 15th., the same day Awich's contract expired, and then, the resolution notes, on the 19th May, Prime Minister Dean Barrow wrote to the Leader of the Opposition advising him Justice Awich would be appointed as a Judge of the Court of Appeal until the age of retirement.
The Bar resolution says, quote, "the Association is very concerned that the above sequence of events gives rise to a real likelihood of an appearance of bias which tends to undermine confidence in the independence of the Judiciary in Belize." End quote.
While the bar has indicted Awich before when he was a Supreme Court Judge – that time for maladministration, this is the first time – to our knowledge that it has formally suggested an appearance of bias involving any sitting judge.
"Knowingly and deliberately promoting a judge with a bad track record of adjudicating to a higher court that requires intellectual skills and acumen that judge does not possess is as deceitful an act as knowingly appointing a dishonest person to be a judge. The intent (and effect) in both cases is the same: the undermining of the rule of law." - Hon. Godfrey Smith former Attorney General Of Belize commenting on Prime Minister Dean Barrow's appointment of Samuel Lungole Awich to sit on the Court of Appeals.