Turning now to other political news, the PUP's Julius Espat has successfully sued the Government of Belize over his ejection from the National Assembly Building back in August 2016.
You'll remember that historic first in the House of Representatives when Espat ended up in a verbal sparring match with Michael Peyrefitte, who was the Speaker of the House at the time. The two had a long history of testy back-and-forth exchanges during House Meetings because Peyrefitte insisted that Espat would demonstrate blatant disregard for rules of conduct while in parliament.
But, on August 26, 2016, the always combative relationship reached a tipping point, and Peyrefitte initiated an attempt to get Espat suspended from the House.
Espat refused to leave willingly, and that's when police, who were tasked with keeping order and the peace in the National Assembly, forcibly removed him. It was history of the most embarrassing kind when the officers picked him up by his hands and feet and carried him out of the House Chamber. Outside, Espat famously punched a wall in frustration.
The PUP insisted that Former House Speaker Peyrefitte failed to follow the proper procedure to legitimize Espat's suspension from the House. And, after 6 years of pursuing it in the Supreme Court, Espat got vindication a few days ago. Justice Westmin James ruled the suspension was unconstitutional and he awarded Espat damages, and a restoration of all of his pay as an Area Rep., which were withheld from him.
We spoke today with Espat's Attorney, E. Andrew Marshalleck, and he told us about the resolution of this civil claim:
E. Andrew Marshalleck, SC - Attorney for Julius Espat
"We sued for declarations that Mr. Espat's constitutional rights were infringed, freedom of association, a number of rights, protection under the law, because the standing orders were improperly applied. Standing Order 44 required that in suspending a member from the House, a resolution be moved and put to a vote, and the House votes to affect the suspension. When Speaker Peyrefitte purportedly effected the suspension, there was no vote of the House. So, the procedure he adopted was unlawful, unconstitutional, and violated Mr. Espat's constitutional rights. The case took a number of twists and turns over the years. The Government initially applied to strike it out, saying that it was without merit. Former Chief Justice Kenneth Benjamin in fact struck it out. We appealed against his decision successfully - I don't know if you remember - and the Court of Appeal ordered the matter sent back to another judge for determination. It was listed before Mr. Justice Westmin James, and as you know, I believe today is his last day in office. So, he's been delivering all the decisions pending before him, and the Espat decision was one of them. In the end, the government did not put forth any significant defense. I think they had trouble marshaling evidence in support of whatever position they wanted to advance. So, it remained a legal issue as to whether or not, on a true interpretation of Order 44, a vote was required, and whether [or not] because there was no vote, Mr. Espat's constitutional rights were consequently infringed. It was fairly straightforward. The court ruled that his rights were infringed, granted the declarations, ordered the restoration of all his salaries and benefits that were withheld from him during the period of his suspension."
"He also awarded vindicatory damages in the sum of $50,000 plus prescribed costs."
Reporter
"It seemed as though he was, at the moment, defying Speaker Peyrefitte."
E. Andrew Marshalleck, SC
"Mr. Espat is entitled to make representation in the House, subject to the standing orders. It is the standing orders that you rely upon to say that he was behaving badly and in breach of the law. Well, as bad and in breach he was, so were you."
Marshalleck estimates that as a result of this judgment, Espat is expected to be paid around 95 thousand dollars for his victory in this lawsuit.
Of course, the irony is that the damages accrue to the government of Belize - which Espat is now a part of - so he will be paid by his own government.
