Last week, we told you about the start of the lawsuit which Ian Haylock has brought against the Prime Minister John Briceno. Haylock is the deputy Comptroller of Customs who thinks that he was unfairly passed over for the office of Comptroller.
Just before the New Year, Prime Minister Briceno selected his colleague, Estelle Leslie, as the new Comptroller. The PM advised the Governor-General to make the appointment, and so, Leslie became Haylock's new boss at the Customs and Excise Department. He strongly disagreed, and so, he retained the services of the former Prime Minister, Senior Counsel Dean Barrow, and Darrell Bradley. They quickly filed an application at the Supreme Court to bring a judicial review claim. Haylock is now asking the court to review the appointment of his colleague, and to determine whether or not it was lawful, and in accordance with the constitution.
Last Wednesday, Justice Westmin James presided over a lengthy virtual hearing in which Barrow, attempted to convince the court that Haylock should be allowed to bring his judicial review case. Barrow submitted to the court that the sitting Prime Minister had a requirement to properly consult with the Public Services Commission before advising the GG to make the appointment for the Comptroller. Barrow argued that Briceno failed to adequately consult with the Public Services Commission.
Assistant Solicitor General Samantha Matute-Tucker represented the Government of Belize, and she argued that Haylock's case was academic. Senior Counsel Andrew Marshalleck represented Estelle Leslie as an interested party in this case. He submitted on her behalf that Haylock's application should be refused because the Supreme Court does not have jurisdiction to inquire into the actions of the Governor-General.
This morning, Justice James returned with a decision, and he informed the litigants that after careful consideration, he is granting Haylock permission to bring his judicial review claim. He has come to the view that Haylock has 2 arguments with a realistic prospect of success.
One of those arguments is whether or not Prime Minister Briceno conducted proper consultations with the Public Services Commission before he advised the GG to appoint Estelle Leslie as Comptroller.
On that issue, Justice James said, quote, "If the advice of the Prime Minister did not occur, in accordance with the constitution, then the advice to the Governor-General would not be legitimate and unconstitutional, and therefore would mean that the Governor-General would have acted unlawfully, and his actions reviewable by this court. I would, therefore, hold that the case is justiciable, as the case for the applicant is that the advice was flawed." End quote.
The judge also had a few more pointed comments on the importance of consultation in these types of appointments.
He said, quote, "The lack of consultation creates dissatisfaction with decision-making, not so much the decision itself, but with the feeling of disrespect and lack of involvement in a matter, which is in the public domain. It also, in this situation, turns the perception that public offices are political appointments." End quote.
Ian Haylock, the applicant, was also seeking injunctions that would, in effect, leave the office of the Comptroller of Customs vacant until this lawsuit is heard to completion. After consideration, the judge refused his injunction requests because the judge reasoned that it was against the public interest. The Post of Comptroller is vital to the proper functioning of the Customs and Excise Department, which aids the other security forces in preserving the country's national security. Also, as we told you, this department is responsible for the collection of more than 45% of the Government's recurrent revenue.
In Haylock's consideration, the judge has decided to expedite the completion of his judicial review case. After delivering the decision, the judge consulted with the attorneys on a schedule to achieve the expedited hearing.
