Budna’s Constitutional Claim Faces Collapse as Defense Pushes for Costs

Tonight, a constitutional claim over the alleged abduction and handover of Joseph Budna to Guatemalan authorities has taken a major turn, one that could leave Budna’s own legal team facing a significant legal bill. Senior Counsel Eamon Courtenay, representing former Home Affairs Minister Kareem Musa, is asking the court to throw out the case entirely. He argues the claim is fundamentally flawed, pointing out that the constitution clearly identifies the Attorney General, not individual government officials, as the proper party in civil or constitutional suits. Courtenay says that with allegations as serious as kidnapping, torture, and violations of international conventions, the court needs evidence now, not at some later stage. And with the defense preparing to apply for costs, the judge’s next decision could determine whether the case moves forward, or whether Budna’s attorneys will have to foot the bill for what the defense calls an ill‑conceived lawsuit. Here’s Senior Counsel Eamon Courtenay.

 

Eamon Courtenay SC, Attorney for Defendant

“The application is to strike out the case against Minister Musa and broadly speaking on two basis. The Constitution of Belize says that if you have a constitutional claim or any civil claim against the state, the proper party as a defendant is the Attorney General and no other government functionary. You are alleging that someone kidnapped you. You’re alleging that someone tortured you. You’re alleging that someone breached about four international conventions. The person says, ‘I will strike it out.’ And your answer is, ‘Don’t strike it out. Later on I will tell you the evidence.’ As I said to the judge, many things are said in the street. Street facts do not constitute evidence. And Mr. Budna should get his tackle in order and bring evidence if he has any. It is not a matter of saying, you breached my constitutional right. You must defend the case, but I’m not going to tell you now what my allegations against you are. That’s a joke.”

 

Reporter

“He was saying that they have witnesses they can bring.”

 

Eamon Courtenay

“Do you believe him? I don’t. We noh the play hopscotch, We noh the play jacks. This is a serious matter and we are in a court of law and Mr. Budna must present his evidence now for the judge to determine whether or not to strike out the claim.”

 

Shane Williams

“Do you anticipate applying for cost?”

 

 Eamon Courtenay

“I did ask for cost. They set out to sue this man not in his capacity as minister. Then they must pay for it.”