A major constitutional showdown is destined for the High Court. A prominent local activist is suing the Attorney General, claiming the government has paralyzed the nation's transparency laws by leaving the Ombudsman's office vacant for nearly six months.
Jeremy Enriquez has filed an urgent lawsuit arguing that by leaving the seat vacant, the government has frozen critical investigations into public spending.
Three of Enriquez's own Freedom of Information requests are trapped in limbo.
But in a recent interview, former Ombudsman Gilbert Swaso exposed a bizarre legal deadlock built into the system. He notes that the Ombudsman must rely on the Attorney General for legal defense, even when the AG is fighting the Ombudsman in court.
Gilbert Swaso, Former Ombudsman
"Furthermore, I believe it is the prerogative of the Attorney General to provide any government agency or members of the government for legal defense or for any legal issues. So in my view then, you have taken this very unusual position."
"And while I was in office, I was seeking to have gotten an attorney to represent the Ombudsman in that same care as well. And that would have to have been paid by the government of Belize. And if they don't pay, then the Ombudsman cannot turn to the Attorney General to represent the Ombudsman because the AG is taking the Ombudsman, challenging the Ombudsman decision in court."
"So doesn't that appear to be a very unusual situation?"
Enriquez's legal team out of Trinidad and Tobago has filed a Certificate of Urgency. They claim the High Court Registry has already frozen Enriquez out of key case management hearings regarding his requests, calling the administrative failures unfair and arbitrary. The multi-million dollar legal fees appeal is currently scheduled for a hearing on June 18th.
