This morning, chaos broke out at the Punta Gorda Magistrate’s Court when a prisoner allegedly attacked the Resident Magistrate, Sashawna Jody-Ann Thompson. The accused, Mason Kelly, who has a history of serious offenses, including burglary, assaulting a police officer, and attempted murder, reportedly lashed out during his court appearance. Kelly, who recently completed a fifteen-year sentence for attempted murder, was in court facing new charges. Magistrates have long voiced their worries about the lack of security at district courts, but they feel their concerns have fallen on deaf ears. Many believe that out-district magistrates are left to fend for themselves without proper security measures in place.
The March twelfth general election will proceed as planned, free from litigation in the High Court. Earlier today, Justice Tawanda Hondora handed down a thirty-nine-page decision dismissing a claim brought by three claimants, following a marathon hearing last Wednesday. Senior Counsel Anand Ramlogan argued on behalf of his clients: Jeremy Enriquez, Rudolph Norales, and Jessica Tulcey. They put forward that the electoral boundaries in Schedule I of the Representation of the People Act are unconstitutional. They believe that if the elections on March twelfth, 2025, use these boundaries, their voting rights and legal protections will be violated. They also feel they have a legitimate expectation that the boundaries would be redrawn before the next general elections. The claim was filed against the Attorney General, the Speaker of the House, and the Chair of the Elections and Boundaries Commission. The defendants were represented by the law firms Courtenay Coye and Marine Parade Chambers. This evening, we caught up with Senior Counsel Eamon Courtenay to hear his initial thoughts on the judgment.
Eamon Courtenay
Eamon Courtenay, Attorney-at-law
“I am very pleased for the attorney general who we represented in successfully resisting the claim brought by Mr. Enriquez. As you know, the attempt was to, in effect, stop the elections which have been now scheduled for the twelfth of March 2025. I think that the judge listened very carefully to the parties, read tons of submissions that were filed by the parties and came to the right decision. Just by way of reminder, this happened four years ago, four years plus, when the Belize Peace Movement tried to stop the elections in 2020 and Madame Justice Arana, as she then was, I believe she may have been the Acting Chief Justice at the time, refused the application. So, it is history repeating itself. I think there are a few things. The first is that there is no case that we have found and none was presented to the court where a court has ever intervened and stopped an election. Secondly, there was a number of cases from the Caribbean that we put before the judge that shows that once parliament has been dissolved that the elections must continue and any difference, any issue you have is taken up after the election. What is surprising to me is that Mr. Ramlogan who represented Mr. Enriquez had written a document to the court saying that if parliament is dissolved, the court has no jurisdiction. Yet, when the matter was called up before the judge, he changed that document and put another one and deleted that paragraph. So I had to point out to the judge that Mr. Ramlogan was not being frank with the court because he knows what the law is and we listened to him for four long, painful hours go on and on without admitting to the court that the court had no jurisdiction. And so, we submitted to the court, relying on decided cases that once parliament is dissolved, the case must continue and you take it up afterwards.”
Before learning that the High Court dismissed Jerry Enriquez’s claim, we asked the Belize Peace Movement if their claim was similar. Attorney Sharon Pitts explained that both cases are related, and the court might decide to combine them. With the latest developments, will this claim face the same fate?
Paul Morgan, Claimant
“It is like two buckets, one has three quarters and the other has five eights. Our case is centered around ROPA, schedule one of ROPA. It is asking the court a simple question, whether or not Scheule One comports with the constitution. If they say yes then we lose. If they say no, the Elections and Boundaries has a responsibility to fix it. The election and boundaries has no right to run an election that is illegal.”
Sharon Pitts
Sharon Pitts, Attorney-At-Law
“Claim 730 of 2024 just by the number, predates the claim which I believe you referred to. It is open for the parities and the court in its own discretion and volition if it takes judicial notice to consolidate or join the matters. Mr. Morgan use an analogy of two buckets. It seems to me what we have is clearly the subject matter has to do with the voters, the division, the constitutional formula for voters and constituents or divisions to participate, the weight of each vote.”
Today, thirty-four-year-old Bethsa Ramirez appeared in court in San Pedro to face theft charges but was denied bail. Her attorney, Audrey Matura, argued that Ramirez isn’t a flight risk since she’s a naturalized Belizean. Matura will now have to seek bail through the High Court. Meanwhile, Ramirez is spending her first night behind bars. No plea was taken from her, and she was remanded to prison until April twenty-third. Matura has stated that she will apply for bail and that Ramirez will have the opportunity to clear her name.
Audrey Matura, Attorney-at-Law
“Miss Lisa Guerrero, the owner of Le Diamante is claiming that from 2019 to 2023, her employee, which was just an accounts clerk but whom she clearly wants to give the responsibility of an accountant, she’s claiming that this employee took money from her and she’s claiming that there are checks made out to the employee that amounted to some sums more than checks, but there’s this overall discrepancy. A key thing with this: according to my client, definitely this happens in many workplaces, too many times your employer says, let me put a check in your name so you can cash it for me because I need cash for X, Y, and Z. A lot of that happens. But we need for the evidence to come out and we will know what actually transpired. It’s one thing to say you have these charges against a person. It’s not a thing to prove it. Based on the information we got from police, there is not an audited financial statement. And clearly, my client will be able to clear up her name. But in the meantime, of course, it will be all over the place. It might affect her job, we don’t know, but it might affect her reputation, but the thing is, she’s innocent until proven guilty. And if Le Diamante is a properly operating business, you would have been doing your financial audits annually. You would have caught up on something if there’s such a thing that’s happening. But sometimes it’s not about whether you get to prove the case or not. It’s that you go after someone, and you damage their reputation before you have a chance to even defend yourself.”
Tonight, a local baker has come forward with a harrowing account of her experience with the Belize Police Department. Dylan Ysaguirre, a disabled baker from Dangriga, claims that on Thursday night, police stormed into her home on suspicions of her selling cannabis and possessing illegal guns and ammunition. She alleges that the officers overturned the baked goods she was preparing to sell and is demanding compensation for the loss of her goods and the emotional distress she has suffered. Ysaguirre, who was charged once back in 2023 and has been diligently paying her fine, further alleges that one of the officers disrespected her and even kicked her wheelchair. She suffers from a stress-induced autoimmune disease, which she says has worsened since these raids began.
On the Phone: Dylan Ysaguirre, Alleged Raid Victim
“They have been, this is like the tenth time that they’ve come to my house and it’s over the course of the past like year and a half, because last year I had gotten arrested and charged for some marijuana that they had found in my house. It was my personal, they didn’t believe it, so they put a traffic in charge on me and I wasn’t happy with that because, I tell them that, I tell them what is the main reason that I use it for, that I use it for herbal medicine, yes I smoke weed, but the main reason I’m using it is for my remedies and for my medicine for my son because, I am disabled, my mother is also disabled but my son, he is special needs, he’s not just disabled. They keep harassing me not even my personal, that’s the part that really hurt me yesterday because yesterday they were roughing me up and I had less than two grams on my table. And they’re still accusing me of selling weed even though I had less than two grams on my table and they’re still accusing me of selling weed.. I do not appreciate the way how they disrespect me as a disabled woman because, I know how women are, sometimes we’ll have scuffle and we’ll back and forth, but that’s not the way to treat someone in my position that’s disabled because they’re not shaved. She kicked my wheelchair while I was trying to stand up to make me fall. She disrespected me, she disrespected my stuff, and I feel unfair and I feel like I should get compensated for the cupcakes that I had lost. And also emotional damages. After they left my house, And after I did that live, I was so upset that I was physically sick, like my hands were shaking, and I felt like I wanted to vomit.”
On Wednesday the Belize City Magistrates Court had to be closed, because employees raised health concerns related to mold infestation in the building. The Punta Gorda Magistrates and Family Court are also faced with a mold infestation issue. That is yet to be addressed, even though there are complaints from employees of a similar nature. The High Court building directly in front of Battlefield Park is also tackling mold and a rodent problem. We heard from Attorney General, Anthony Sylvestre, on how these concerns are being addressed.
Anthony Sylvestre
Anthony Sylvestre, Attorney General
“I’m not sure if you were present at the opening of the High Court, but the chiefjustice did indicate that there are plans, in train to address the and this structure similar to what was done with respect to the other, structure which previously housed the Prime Minister’s office and the chief Justice office. So a similar plan has been developed to refurbish these premises.”
Reporter “How much would be the cost.”
Anthony Sylvester “That that project ran about two million, a little bit over two million.”
Reporter “Okay. So we’re looking at, similar quantum for this its a little bit smaller but…”
Anthony Sylvester “I would say in the range of two million. So the family court issue at Punta Gorda, that is an issue that would be addressed in the new fiscal year. One of the things so one of the issues with respect to the interim period is that in terms of allocations of financing but you haven’t raised it and it being a critical matter I will undertake that I’ll address and certainly, operating within reasonable provisions that are allowed for a government during this interim period it certainly will be addressed but thank you for that.”
Senior Counsel Anand Ramlogan has responded to a letter from the law firm Courtenay Coye, representing the Government of Belize. This concerns a pre-action claim about the long-overdue redistricting exercise, filed in the High Court for Ramlogan’s clients, including Jeremy Enriquez, Jessica Tulcey, and Rudolph Norales. In reply to Courtenay’s letter, which stated that the Briceño administration won’t announce the general election date today, the Trinidadian lawyer emphasized the need for a broader commitment from the Attorney General of Belize. He requested that the Attorney General inform the claimants’ attorney in writing at least five days before any decision to dissolve Parliament and set a date for the general election, as required by the Constitution. News Five spoke with Jeremy Enriquez, one of the three claimants.
Jeremy Enriquez
Jeremy Enriquez, Claimant
“The government was, as we know, intending, the Prime Minister was intending to call or set a date for the elections, for the national elections to occur and what we were very concerned about, I, as a citizen of Belize was that the move was going to continue the status quo in which we have severe malapportionment of Belize’s electoral constituencies. So, as far as I am concerned, they were planning again to violate the Constitution of Belize even though when, at the beginning of their term, they promised that they would have all of that ironed out in compliance with Section Ninety of the constitution. So it was very disturbing that they would even consider rushing through another election without first redistricting the electoral divisions of Belize. It was at that point that we secured the services of an attorney, a well-known international constitutional attorney, highly qualified, from Trinidad, to assist in this case. He had written to the Prime Minister, to the Attorney General to make it known that any election that would be called would be considered illegal and in violation of the constitution and that we are going to challenge it through to the highest court, if necessary. As a result, the Prime Minister complied and did not, if he was intending to, announced any date for election. Hopefully, in good faith, to try to have this resolved.”
This afternoon, the law firm of Courtenay Coye, representing the Government of Belize, responded to a letter written by Senior Counsel Anand Ramlogan. The attorney wrote on behalf of his clients, including Jeremy Enriquez, requesting that the government indicates at least five days in advance when the date of the general election will be announced. In its rejoinder, Courtenay Coye wrote, “we acknowledge receipt of your letter dated February sixth, 2025 which we received via email at 10:14 pm. We note in your letter that you have demanded an undertaking be given by the Prime Minister by 4 pm today. As you have expressed in your letters, the House of Representatives is sitting today. Therefore, it is not possible for us to advise our client and obtain instructions within the unreasonably short period you have demanded. In accordance with the Pre-Action Protocols Practice Direction, we expect to be able to take instructions and respond more fully on Monday, February tenth, 2025”.
Jeremy Enriquez, Claimant
“We were satisfied to know that yes, the Prime Minister would not call an election at this sitting of the house, but there is nothing to say that he could not, tomorrow, call the election. So we were able to get another letter sent back to the Attorney General through the private law firm of Courtenay Coye and associates to indicate that we accept in good faith that the election is not called at this house meeting, but that if elections will be called, whenever elections are called, that we be given at least five days indication that the election will be called. That will give us chance, and the court a fair chance to be able to examine if we need to seek redress at the court, there would be enough time for at least that window of time for the court to hear our case.”
Ryan Melendez, a construction worker from San Pedro, filed a lawsuit against the Attorney General, the Commissioner of Police, and Sergeant Devon Makin. Melendez alleged that on July sixth, 2024, Makin struck him on the head with a gun while on the island. He claimed that Makin acted negligently and wrongfully with his firearm, seeking damages for negligence, assault, and battery. Melendez stated that Makin used a weapon to hit him in the face, causing bodily harm and using excessive force. In response, Makin disputed the allegations, explaining that he was approached by two minors who said they were being chased by armed individuals. Makin argued that he acted cautiously to ensure his safety due to the perceived threat and was fulfilling his duty as a police officer to protect life and property. Ultimately, the case was dismissed because Melendez did not provide the Government of Belize with the required thirty days’ notice before filing the claim. Makin was represented by Attorney Hector Guerra. However, Melendez still has the option to refile the case with proper notice.
In a pivotal decision on Wednesday, the High Court of Belize delivered a verdict that’s set to impact the future of cruise tourism in the country. Michael Feinstein had taken the Government of Belize to court, arguing that their plan to forcibly acquire twenty-three acres of Stake Bank Island infringed on his constitutional rights. After a four-month legal battle, Justice Rajiv Goonetilleke ruled that the government’s intention to acquire Stake Bank Island does not violate the constitution. As a result, the High Court dismissed Feinstein’s case, giving the Briceno administration the green light to seize the land for public use. Tonight, News Five’s Paul Lopez dives deep into the twists and turns of this case and how we arrived at this critical juncture. Here’s the full report.
Paul Lopez, Reporting
On Wednesday, the High Court of Belize made a significant ruling in the case brought by Michael Feinstein against the Government of Belize. Feinstein challenged the government’s plan to forcibly acquire twenty-three acres of Stake Bank Island, claiming it was unconstitutional. However, the court found that the government’s actions did not violate any constitutional provisions. The Briceno administration had announced its intent to acquire the land back in August 2024, and now, with the court’s decision, they have the green light to proceed. This ruling marks a pivotal moment in the ongoing saga of cruise tourism development in Belize.
Prime Minister John Briceño
Prime Minister John Briceño (File: Aug 28, 2024)
“As you all know this, there’s a legislation that was passed by the UDP whereby we deemed this project of national importance. And now that it seems that between the different investors, they have been having issues. That project has been at a standstill. We have, I think, approximately two hundred and seventy million dollars. But because there is a dispute with the land, that project cannot be finished. And if you look at the numbers for the cruise lines, they’re going down, we need to be able to finish that project. We believe that as a government, what we did is first to put the first notice of acquisition. What does that trigger? It triggers then the owner to come to the government and to say okay, this is my land, and they negotiate a price.”
The Feinstein Group didn’t hold back in voicing their objections to GOB’s plans. They accused the government of siding with the OPSA Group, a Honduran company financing the project, which later got entangled in a legal dispute with Feinstein. The Feinstein Group also claimed that the Government of Belize couldn’t prove that the land acquisition was in the public’s best interest. As a result, the acquisition has been put on hold.
Godfrey Smith
Godfrey Smith, Attorney-At-Law (File: Oct 17th, 2024)
“The end goal is vindication that the twenty-three point three acres standing in his name which was issued to him by the ministry of natural resources, he validly holds title to it, and it is lawfully his.”
The Briceño administration presented the compulsory acquisition to the public as an attempt to resurrect the cash strapped multi-million-dollar tourism project, to save Belize’s cruise tourism industry. Just days before the High Court’s preliminary hearing, Prime Minister John Briceño dropped a bombshell on “Open Your Eyes.” He revealed that Mediterranean Shipping Company, one of the giants in the cruise and shipping industry, was keen on taking over the project. This announcement added a new twist to the unfolding drama.
Prime Minister John Briceño (File: Oct 7th, 2024)
“They’re saying, “Well, now, we’d be interested, but we don’t want to get into this mess. The only way we’d be interested is if this mess is settled, and we buy over then.” So that the only way we can do that is by compulsorily acquiring land.”
Godfrey Smith, Attorney-At-Law (File: Oct 17th, 2024)
“That is why we are in court, because the instruction from our client is that he does not believe it is for a legitimate public purpose and a number of other grounds. His position is he intends to challenge that. Within the land being vested to the government it cannot be transferred to MSC or OPSA or Stake Bank or anybody else.”
Well, after nearly four months of deliberation, High Court Judge Rajiv Goonetilleke delivered his verdict. He ruled that the compulsory acquisition of Stake Bank Island is not unconstitutional and aligns with the idea of acquisition for public purposes. The Feinstein Group couldn’t substantiate their claims, leading to the dismissal of their case. This ruling is a significant win for the Briceno administration. Looking ahead, the future of the project is intriguing, especially since Prime Minister Briceno recently announced plans for a similar development just a few miles away at the government-owned Port of Belize Limited. What will this mean for cruise tourism in Belize? Only time will tell.
Prime Minister John Briceño (File: Jan 22, 2025)
“I believe that by the end of the next government we should have a cruise port and a modern container.”
Reporter
“So does that mean Stake Bank is dead. It makes no sense to have two mega cruise port in the Belize District within miles of each other.”
Prime Minister John Briceño
“We all knew that Stake Bank was short to medium term investment.”
Earlier this week, that latest statement by PM Briceño received heavy criticism from Michael Peyrefitte, the Chairman of the UDP.
Michael Peyrefitte
Michael Peyrefitte, Chairman, U.D.P.
“Sometimes I don’t think he appreciates that he is the head of government for a sovereign nation. By saying this is temporary, what has he done? He has essentially killed that project with his words, because how do you go to cruise lines and say come somewhere that is only temporary.”
Interestingly, on January fourteenth, during an appearance on “Open Your Eyes,” Tourism Minister Anthony Mahler was asked which port project in Belize he thought was the most feasible and practical to complete. He threw his support behind Stake Bank. Mahler also suggested that both Stake Bank and the Port of Belize Limited could coexist harmoniously in the same area.
Anthony Mahler
Anthony Mahler, Minister of Tourism
“That would be Stake Bank if you have to look at it honestly, because that is nearer to be completed. We are working on a master plan for Port of Belize which should be completed in March. But that has two components to it, cargo and cruise and they can work together. It is done all over the world. People who want to push their own agenda would say no, but they can work together.”
Belizean investor Michael Ashcroft, who owned the Port of Belize Limited, has weighed in on the Stake Bank situation. He expressed his doubts about the government’s true intentions for the island, adding another layer of intrigue to this developing story.
Michael Ashcroft
Michael Ashcroft, Investor
“On something like Stake Bank, what is the plan? What do they need Stake Bank for? Is it a temporary measure? Is it a permanent measure? Until they sort that out, nobody knows what is going to happen on that. Nobody knows if there is a secret agreement or arrangement. But at this point everything appears to be flat.”
