The special prosecutor bill - it seeks to appoint a special prosecutor in the case of the murders of John, David, and Vivian who were all murdered on New Year's Eve in Belmopan. This has become necessary since the DPP is a relation by marriage to the accused, Elmer Nah. She has recused herself form the matter.
So the bill sets out to work around a difficult situation, but in so doing its critic argue it flies int he face of the constitution.
It's been passed by the house, but today in the Senate the former UDP Attorney General was able to resist it with enough passion that got the independent senators on his side, and government was forced to send it back to Cabinet. That doesn't happen too often, here's how it went:
Michael Peyrefitte, UDP Senator
"Madam President in local parlance we have a saying you know, when someone does something really silly or totally unacceptable, we say they knock their heads. On this piece of legislation that the government is trying to pass, the government knock their heads."
"This prosecutor gets triggered under 2 circumstances; section 3A - a case where the national assembly by resolution determines that an investigation be conducted in the interest of political neutrality of impartiality? Madam President, the national assembly is nothing but partiality. So now we have to decide whether or not someone who is a citizen of this country will be prosecuted - the national assembly? And while everybody is entitled to their political opinions and positions. If a PUP majority national assembly votes to prosecute a UDP personality, they automatic assumption of that is that it is a political prosecution. Even if it's a righteous one. Why would we put ourselves in that? Why would we try to ask this senate to pass a bill that gives us the power to investigate and prosecute? Come on man. Your arrogance must have a limit. This is madness."
"But as I promise, a special prosecutor shall not be subject to the direction or control of any person or authority. Let me read that again. A special prosecutor shall not be subject to the direction or control of any person or authority. Just a person on a mission to destroy whoever the national assembly
says or the AG's ministry says to destroy. Answerable to no one, not even the DPP and I thought last time I read the constitution that this power resides only in the DPP. You can't come with some dibi-dibi bill to try and override the rights given to an office protected by the constitution. What's wrong with you people?"
Elena Smith, Labour Senator
"We don't believe that we should be going against our constitution. The constitution is the supreme law and as such if it is that we are removing the powers from the DPP, whatever powers the DPP has, by now putting in place the space to have this special prosecutor. In good conscience we cannot support something that goes against our own constitution, that we have an obligation to ensure that our constitution is adhere to and so for that reason we are at this time not going to support this bill as presented before us."
Janelle Chanona, NGO Senator
"We aligned with the questions regarding constitutionality. I think enough have been said on that point."
Eamon Courtenay, Leader of Government Business
"Madam President, the government side has listened to the criticisms of the special prosecutor bill and we intend to leave it in committee for the criticisms be brought to the attention of the cabinet for further review and proposed amendments to the bill. It does not enjoy the confidence of the majority of the senate today."
The Leader of government business asked for an adjournment before he announced that it would be sent back.
