Four senators made history when they formed the first Senate Special Select Committee to investigate Social Security investment programme. Well now they'll have to go to court to defend their place in history. One week from today, former SSB CEO Narda Garcia and her attorney Elson Kaseke will appear before the Chief Justice asking him to set aside the Senate report. Accordingly, the senators have been served with court papers. And according to Garcia and Kaseke, they'll have to answer for a whole lot. She has filed an affidavit that is 97 paragraphs long and he has filed a 30 page application. This is in addition to two massive volumes of documents that accompanied the original filing.
Sure enough, Mr. Kaseke is working hard for his high profile client in what promises to be an explosive case. But not too long ago, he was working for those same senators who will be his opponents in this case. Kaseke was parliamentary counsel advising the Select Committee - and now he'll go to court to challenge and, he hopes, throw out their report. But as he tries to thread this legal needle, Kaseke's former boss and the man who signed him to a $200,000 retainer after he left the Sol. Gen. post, Attorney General Francis Fonseca says that Kaseke should have thought twice before taking up Narda Garcia's case. Here are his remarks from an interview conducted at the end of last month.
Jules Vasquez,
What should we make of the role of the former Solicitor General in that I know he appeared on behalf of the government of Belize at that hearing but the Prime Minister has frowned upon his involvement in another matter, against the government of Belize on behalf of Ms. Narda Garcia and what do you make of the fact that you signed him on a $100,000 a year retainer to deal with specific matters, this one included, and he is now independently, or privately, taking business which is very much against the interest of the government of Belize in a tactical and in a political sense?
Hon. Francis Fonseca, Attorney General
"I agree with the comments of the Prime Minister and I have so said to the former Solicitor General, Mr. Kaseke. Obviously he has every right to earn a living as a lawyer but where there is a conflict between his obligations and duties as a lawyer on retainer to the government of Belize and his private sector work, then that private sector work has to be forfeited and he has to complete our work. So that is the case, unless if he does not do that then we will see it as a breach of the agreement he signed with the government of Belize."
Jules Vasquez,
So will you all make a challenge considering he was also parliamentary counsel, will you all make challenge or will you all just void the contract?
Hon. Francis Fonseca,
"A challenge to what?"
Jules Vasquez,
A challenge to his representation as a conflict or would you just void the retainer agreement that he has with the government of Belize.
Hon. Francis Fonseca,
"I think obviously both, I don't think there is one or the other. In terms of his retainer agreement with the government of Belize, yes if it continues along that path, we would just void that contract and we have so said to Mr. Kaseke."
In a parallel development, the court has also appointed an arbitrator to settle Narda Garcia's employment contract dispute with the Social Security Board.
