Law - Greater Belize Media

Defense Attorneys Warn of Power Overreach

A proposed change to the Constitution is stirring up serious debate and it’s all about how far the government should go to fight crime. The Thirteenth Amendment Bill would give the state sweeping new powers to declare ‘special areas’, zones where police could search, seize, and arrest without a warrant, all in the name of public safety. It also proposes a new Gun and Gang Court and aims to retroactively validate past states of emergency, including those already challenged in court. Supporters, including Commissioner of Police Doctor Richard Rosado, say it’s a bold step to tackle rising crime. But not everyone’s on board, especially the Belize Association of Defense Attorneys, who say this goes way too far. In a strongly worded letter to the National Assembly, they warn that the bill could erode civil liberties, weaken democracy, and give too much unchecked power to the government.

Audrey Matura, Attorney-at-law

“Well we object to it for several reasons, definitely the legal reasons. But I also object to it for the humanitarian and social reasons. As that bill is, it gives too much power to whoever is in government and it’s extending the police’s power and in addition, it is saying that they can create auxiliary forces. Auxiliary forces may be people not properly trained to deal with civilians in times of crisis, or, it can be ex-military people who are trained to kill, which is a different kind of training that they get. So I don’t think it is well thought out. Even more violating is the fact that it is being made retroactive. So what has happened, in case people weren’t following up, there were some Belizeans who took the government to court because of the previous SOE’s. The states of emergency that were locking down people for three months, without any trial, without any access to attorneys, without any due process. So imagine, there were men who were locked up every three months, every three months and some people went up to twelve months being locked up every minute. They went to court and won the case.”

Defense Attorneys Warn of Legal Crisis Over Emergency Powers

The Association of Defense Attorneys is also raising objections to a clause that would retroactively validate past states of emergency, even those already challenged in court. According to the association, this move could undermine the rule of law and set a troubling precedent. And then there’s the proposed Gun and Gang Court. While the idea of a specialized court sounds promising, the attorneys say it lacks clear safeguards to ensure fairness and independence.

Audrey Matura, Attorney-at-law

“Now, the danger with that is that once you entrench it in the constitution, what you are trying to do is take away rights that you already have, civil rights that people have and taking it away in a different way. So you are saying that the very constitution I would have been able to go to enforce my right is now making it unlawful for me to enforce that right. That’s one of the dangers of it. The second danger is that, well, this government is a super government because they need two-thirds majority to be able to do that and they do have that. The third thing is that we have a non-existent opposition fighting with themselves, and so they can’t even come forward and say let us fight for the people. We have already gone through a similar situation like this, but I would say this one is worse. What is happening [is that] individuals in this country have taken the Johnny Briceño administration to court for things that were done by the Dean Barrow administration because the SOEs started with the Dean Barrow administration. And so, what they did, they are now saying, “You all took us to court for something illegal we did, well we will now make it legal, but we will not pass a law like Dean Barrow did, we will go and tamper with the constitution. And the reason they are able to do that is because they have the majority, the super majority. So that’s the hypocrisy in it. And why I say it is worse is because Dean Barrow only tried to pass a law. What Johnny Briceno is doing is trying to change the constitution.”

Prime Minister Breaks Silence on Thirteenth Amendment

Late this evening, News Five caught up with Prime Minister John Briceño at an event right here in Belize City. With the controversial Thirteenth Amendment Bill stirring debate across the country, we asked the PM to weigh in. His response? Direct and telling. Here’s what he had to say.

Prime Minister John Briceño

“I could understand the concern from everybody else. If these other legal scholars can show us how it can be done differently, we’re prepared to take a look. But the problem is that we have a serious problem with crime and it’s something that requires the attention and the cooperation and the work of everybody, not only the police, as the government, but also the public. And as much as we’ve been doing everything we can to try to stop these killings, these mostly young men, they don’t seem to get it. And what’s even worse, is that when they would go in a public space and just spray bullets and then innocent people get hurt. So we have to do everything possible to stop them.”

High Court Tosses Out Electoral Boundaries Challenge

The High Court has dismissed a constitutional challenge against Belize’s Elections and Boundaries Commission (EBC), calling it an improper attempt to reopen a case that was already settled. Roody Lewinskey Wade and six others argued that the country’s current electoral boundaries violate the Constitution by failing to ensure equal representation. But Justice Hondora ruled that the group was simply rehashing arguments from a 2019 lawsuit that had already been resolved through a consent order in 2022. That agreement had required the EBC to review and propose changes to the electoral map. When the claimants later returned to court, alleging non-compliance, the judge said their actions amounted to an “abuse of process.” Even though Wade wasn’t part of the original case, the court found he had a “privity of interest” and was still bound by the previous outcome. Justice Hondora struck out the case, emphasizing that legal disputes must come to an end and cannot be endlessly revived. Both sides have until July thirty-first to settle the issue of legal costs.

BTB Eyes CCJ, After Court Loses Over Terminated Contracts

The legal hits just keep coming for the Belize Tourism Board. Another courtroom loss has landed and this time, it’s former IT head Norman Young walking away with over two hundred and thirty thousand dollars after the High Court ruled his contract was wrongfully terminated. And that’s just the latest in a growing list. The Court of Appeal recently upheld a massive payout, seven hundred and seventy thousand dollars, for former Director of Tourism Karen Bevans. And let’s not forget Misty Michael, the former Director of Marketing, who was awarded over two hundred thousand dollars back in 2023. It’s a costly trend that’s raising eyebrows, and now, Tourism Minister Anthony Mahler says the BTB may be taking its fight all the way to the Caribbean Court of Justice. So, what’s behind this string of legal defeats, and what could it mean for taxpayers?

Anthony Mahler, Minister of Tourism

“Those monies have already been paid you know. These are not new things. What we did was to appeal the judgment and we lost. Now, we are seriously contemplating about going tot eh CCJ. We feel there are ground whereby certain things went wrong. If you read the judgment, it says that there was no board oversight in signing the contracts. That is a fundamental principle in this. You are saying there are issues elsewhere in this, the board did not see the contract, approve the contract and the chairperson or the head of that institution signed off on the contracts. That is the same thing that happened in the BTB. There were other things that happened in the past administration that we were left with. If you look at those contracts, they were unbreakable on one side. So it is not like that we are taking advantage of those individuals. The contracts were one sided in their favor just in the event that something like this would happen.”

Anthony Mahler Defends $50 Million BTB Bond Accounting

Tonight, the spotlight is on a fifty-four-million-dollar question, where exactly did all that money go? The Belize Tourism Board’s 2023 bond is under scrutiny, and P.S.U. President Dean Flowers along with Opposition Senator Sheena Pitts are demanding answers. They’re calling on Tourism Minister Anthony Mahler to show the receipts; how has the Ministry invested those millions, and what’s the real impact on the tourism industry? Well, Minister Mahler isn’t dodging the heat. Appearing on Open Your Eyes, he responded, saying the B.T.B. is regularly audited and that a full report is on the way to show how the funds are being used to strengthen Belize’s tourism sector.

Anthony Mahler, Minister of Tourism

“At times when a camera and a mic are put in someone’s face they have to grand stand. They have to come with some level of energy. That is the business. Like I said before I grew up in a house hold is a union household. So I understand that. But there has to be mutual respect. You cant say there is mutual respect but when you go out there you say all kinds of things about the prime minister, about government ministers. There has to be some level of respect. Like I said, both major private sector organizations are on the board of directors for the BTB. There is an audited financial done every year and we put those reports forward to the government and so that will not stop. I have asked for the report to be put together for the bond and I will present those to the nation. What I can tell you is that I have an arsenal to let go on the previous administration, with them getting over ninety million dollars in their term, with nothing to show for it. And I can tell you that each of the project we are working on right now, none of them comes close to the cost of what the previous administration did out of ninety million dollars. And I heard the leader of the opposition talk about mortgaging tourism’ future. Ninety million back then compared to fifty-four million, pales in comparison.”

SPEEDNET Suing Briceño Administration Over Contracts

A major telecom showdown is brewing—Smart’s parent company, SPEEDNET, is taking the Briceño administration to court. The company has been granted judicial leave to challenge two government contracts awarded to BTL, claiming they weren’t even given a chance to bid. One of those contracts is tied to the Ministry of Education’s ConnectED program, and another was signed just this year. But that’s not all, SPEEDNET is also going after the Ministry of Home Affairs over a CCTV contract. Today, we asked Minister Kareem Musa for his take on the legal battle.

Kareem Musa, Minister of Home Affairs

“I have not seen it. I was informed by the AGs ministry yesterday so I am hoping to have a meeting with the AG and the council over at the AG ministry to over what the letter, because I don’t think it is a claim, I think it is a letter of action, so I want to have a chance to review it with the attorney general before discussing it.”

Belize Upskills Social Workers to Safeguard Children

Belize is taking a big step forward in protecting its most vulnerable citizens, its children. On Monday in Belize City, the Department of Human Services launched a national training program aimed at sharpening the skills of frontline social workers. It’s a week-long initiative designed to help these professionals produce stronger, court-ready reports, key tools in cases involving custody, adoption, and child protection. The training is being led by social policy expert Doctor Greg Nunez, with support from UNICEF, and it’s all about making sure every child’s best interest is front and center.

Shanti Morrison-Novelo, Director, Belize Family Court

“If we are to be concerned about the best interest of children, then we must be serious in continued education and training that impact the paramount consideration in all cases. To properly serve families and children, the court requires accurate reports, social workers who understand the importance of law and its legal requirements. Without continued training for social officers, we will have failed our society at large. I am most grateful for the desk review and subsequent review of the court-mandated social reports, the SIRs. They focus on ensuring accuracy, objectivity, and an adherence to establishing standards for social workers and the practice. In final, if we are serious about the work we do, my recommendations are as follows. To ensure that we have enhanced training for report writers on standardized report writing and objective assessments, continued training for social officers in capacity building, continued training on court practices and procedures for social workers.”

Appeal Court Overturns Murder Convictions Over Coerced Confessions

In a major ruling from the Court of Appeal, two men convicted of murder in 2018 have had their convictions overturned. Marvin Neal and Jaroud Lamb were serving life sentences for the 2013 murder of Steven Valencia in Santa Elena Town. But today, the Court of Appeal ruled that the only evidence used to convict them, caution statements given to police, should never have been admitted in court. The judgment highlights serious concerns about how those statements were obtained. Both men claimed they were threatened, beaten, and pressured into confessing. The court found that the trial judge failed to properly assess these claims and that the prosecution did not prove the statements were given freely and voluntarily. In Neal’s case, the court noted troubling inconsistencies in police testimony and a lack of explanation for why he would confess when no other evidence linked him to the crime. In Lamb’s case, the court criticized the use of a Justice of the Peace who couldn’t recall the event and raised concerns about the conditions of his detention. With no other evidence tying the men to the murder, the court quashed their convictions and sentences, bringing an end to a legal battle that has lasted over a decade.

OJ Elrington Indicted for Rape, Pleads Not Guilty

Prominent attorney Orson “OJ” Elrington appeared in court this morning, where he was formally indicted on a charge of rape. The hearing took place at nine a.m. before Justice Nigel Pilgrim, in a courtroom filled with tension. Elrington, who turns forty-four tomorrow, was represented by his father, Senior Counsel Hubert Elrington. Before the arraignment, Justice Pilgrim carefully explained the attorney’s rights, including his right to legal representation, the option to apply for bail, and the implications of entering a plea. Elrington pleaded not guilty to the charge, which stems from an alleged incident on January twelfth, 2024, involving a woman in her mid-twenties. The judge emphasized that any guilty plea must be made only if the defendant is truly guilty and reminded the court that statements made during the hearing cannot be used against the accused. Both the prosecution and defense have been ordered to submit their Case Management Conference forms by June twenty-seventh, with the conference set to begin on July first. Elrington’s bail, originally granted by the Lower Court in 2024, has been extended until then. Representing the Crown in this high-profile case is Director of Public Prosecutions Cheryl Lynn-Vidal.