Office of the Leader of the Opposition

122 Eve Street

Belize City, Belize
Central America
Telephone 670- 2644
REF OL/GEN/10/2010

H.E. Ambassador, James Murphy

Cabinet Secretary
Office of the Prime Minister
Sir Edney Cain Building
Belmopan, Belize, CA.

12 October 2010

Excellency:

RE: Court of Appeal

Dear Ambassador Murphy:

I refer to your letter dated the 8yh October 2010 reference number
CS/GEN/77/2010(18).

By your letter, the Prime Minister purports to consult me with regard to the
appointment of Justice Oswell Legall as a temporary judge of the Court of Appeal for
the “duration of the October 2010 sitting of the Court of Appeal.” This cannot be
true, as in your very letter you point out that the sitting commenced on October 4,
prior to the date of your letter. Please clarify what is the true intention of the Prime
Minister?

Your letter also refers to section 101(1) of the Constitution. To the extent that the
Prime Minister purports to be relying on that section, he is acting unconstitutionally
as that section does not provide for the appointment of temporary justices to the
Court of Appeal. Kindly clarify the legal position in order that I can respond fully.

The letter makes clear that Justice Legall is being appointed to sit to hear Civil
Appeal No 29 of 2008. This is the second time that your Government is appointing a
judge to hear one case. Earlier this year Justice Alleyne was appointed to hear only
Civil Appeal No 8 of 2010. That was a special sitting and only one case was listed.
However, the Court of Appeal is here with a full calendar of cases. It cannot be right
or appropriate for the Executive to cause a judge to be appointed to hear a single
case selected from the Court of Appeal list. I do not believe that the Constitution
enables the Executive to make temporary appointments of Justices for one off
cases. This practice is to be discouraged as it will likely form the basis of a
challenge.

If it is the intention of the Prime Minister to proceed with this proposed

appointment, I wish to have sufficient time to take proper legal advice as to whether
this practice is constitutional. I intend also to seek the views of the Bar Association
on the matter.

I have been informed that Justice Legall is the most junior member of the Supreme
Court bench. I also understand that he has a particularly heavy calendar of cases for
the month of October. If he is appointed to the Court of Appeal on a temporary
basis, if only for a single case, significant inconvenience and delay will be caused.

This is at a time when Dr. Conteh has demitted office, and Justice Muria is not
actively sitting any longer. In order that I may properly respond to your request for
consultation, I wish to be informed as to basis on which Justice Legall was selected?

I also draw to your attention, and that of the Prime Minister, section 129(2) of the
Constitution. I wish to present my views on this matter of public importance;
therefore your prompt reply is requested.

Yours truly,

John Briceño

cc Hon. Elliott Mottley,

President, Court of Appeal