And while the Government of Belize is all too happy about publishing the Lord report on their web page this afternoon former Solicitor General for the Government of Belize threw a monkey wrench on the entire process. This morning Kaseke served notice on the government not to publish the report as he was applying for an injunction against it under two points. The first being that the report is not that of the commission meaning that it is not a joint report by Bailey-Martinez and Lord and secondly that it is injurious to his client Glenn Godfrey. Late this afternoon Kaseke's move was upheld in the Supreme Court where Chief Justice Abdulai Conteh gave Kaseke his injunction. We spoke to both Kaseke and Godfrey after the ruling.
Keith Swift,
Why do you want the release of this report to barred?
Glenn Godfrey, Former DFC Chairman
"Because it is not a report of the Commission, it is a report of one person and it is totally totally irregular."
Keith Swift,
Have you read the report?
Glenn Godfrey,
"No. What the statutory instrument says is that the Commission must issue a report. The Commission didn't issue a report, one person issued a report and what the Chief Justice is that that is not a report of the Commission period."
Kalilah Enriquez, KREM Radio
"What is your particular concern? Why are you taking it up?
Glenn Godfrey,
"Because the report makes allegations against me."
Keith Swift,
But you haven't read the report.
Glenn Godfrey,
"I'm sure it does."
Elson Kaseke, Godfrey's Attorney
"...for publishing in any manner or form or through any media whatsoever."
Keith Swift,
But the report is already out.
Elson Kaseke,
"The so-called report of Justice Herbert Lord because it is not the report of the Commission as a Commission."
Kalilah Enriquez,
"So it is the Commission's report as a Commission that you're trying to block?
Elson Kaseke,
"No, the report of Justice Lord. We are in an invidious position because
Justice Lord by submitting that report is no longer a Commissioner. So I don't know how the Commission is going to correct this so that they can present the report as a Commission. They have made a very fundamental error here."
Keith Swift,
Sir but again, the horses are already out of the stable. The report is already out.
Elson Kaseke,
"If they published it, we informed them that we were going to make this application as of this morning. So if they publish it they are in contempt of court and we are going to take appropriate measures."
Kalilah Enriquez,
"How long ago did you inform them?
Elson Kaseke,
"Since this morning."
Keith Swift,
Why don't you want the report out?
Elson Kaseke,
"It is not a matter of not wanting the report out. It is a matter of complying with the law and basically we are raising the issue that there was an error of the law because the statutory instrument which appointed the Commission mandated the Commission as a Commission to produce a report, not part of the Commission. Right now we don't know whether there is any Commission at all because the Commission cannot be constituted by Miss Bailey-Martinez alone."
Keith Swift,
Sir it seems to me that you're using a technicality to go in your favor.
Glenn Godfrey,
"This is not a little technicality. You can't call the Chief Justice's decision a little technicality. Please, that is disrespect."
Keith Swift,
But this is the report of a Commissioner. He sat down and heard your testimony along with other testimonies and he made a conclusion. Now you want that thrown out because two of them didn't sit down and write?
Glenn Godfrey,
"That's not the only ground, the other ground is that they are breach of natural justice."
Keith Swift,
Explain that.
Glenn Godfrey,
"Well for instance after I was called and I testified, then they called Mr. Christopher Coye and Mr. Norman Neal and had them testify in secret. They didn't advise me, I still don't know what they said. But based on that they made certain findings. There was no hearing, there is a right to a hearing. If somebody makes an accusation against you, you have a right to know what they say and to give them a chance to respond to you."
Kalilah Enriquez,
"Then that would be an objection against the entire Commission's report, not just Justice Lord's."
Glenn Godfrey,
"No, no. I will take it up against the entire report."
Keith Swift,
Mr. Godfrey did you do anything wrong concerning DFC?
Glenn Godfrey,
"Absolutely not."
Keith Swift,
So why are you so afraid of the report coming out?
Glenn Godfrey,
"I am afraid of a bias report. I am not afraid of an honest report."
In the injunction Conteh notes "it is therefore improper to have only one of the two commissioners make a "report". He continues, "_I hereby prohibit the Prime Minister of Belize or any officer or agent of the Government of Belize from releasing to the public in any manner or form or reproducing for the public in any manner of form the report of Justice Herbert Lord."
Up to newstime the report was still available on the Government of Belize's website. Click here to view.
