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Jul
16
Written by:
Godfrey Smith
Friday, July 16, 2010
If the hapless Manuel Sosa lacked the constitutional authority to hold onto the seat of Chief Justice of Belize, he certainly had a moral one.
What greater moral combine could there have been than the Roman Catholic Church and the Anglican Church together pronouncing against his ignominious ejection from office?
Sylvestre Romero, Lord Bishop of Belize, regretted that “it was apparently beyond the reach of the Government to settle any issues concerning Mr. Sosa’s appointment without the damaging, public confrontation …”
Foremost in Romero’s mind was “the offence” to Mr. Sosa’s “personal and human dignity”. He urged Prime Minister Musa to personally seek to dispel the perception that the independence of the judiciary was under attack by the government “in order that people shall not lose hope for justice.”
Bishop Osmond Peter Martin expressed greater Catholic angst and outrage at the “shocking news”. The government’s action was “autocratic” and “unwarranted”. He prayed that the nation be spared from the “absolute rule and governance of dictatorial politicians”.
There was but a tang of sarcasm in the Bishop’s rebuke to the PM. The sordid affair was “magnified” in his view by the fact that he regarded Sosa as a man of “high moral quality”.
The UDP seemed (surprisingly) competent to the task of internationalizing the cause of the deposed Chief Justice it had appointed. At Caricom meetings, questions were being asked of PUP government ministers and officials.
A formal written brief of what had occurred had to be prepared for travelling ministers. If asked about the episode, they were to speak from their brief – if they couldn’t commit it to memory – and distribute copies to counter the negative publicity abroad.
The ouster of a Chief Justice is the kind of thing that attracts international scrutiny. Soon it engaged the attention of the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy.
He wrote seeking an explanation from the government. He was obliged to do a write up on the matter for his report to the UN’s 56th Session of the Commission on Human Rights.
He would be scheduling a visit to Belize to investigate this matter if it was not soon resolved.
It was promptly explained to him by the ubiquitous Gian Gandhi that he had no jurisdiction to “investigate” anything.
Belize had laws and a court system inherited from none other than the British. The judge had appealed to the Court of Appeal and, if successful, his rights would be vindicated.
Negotiations began in earnest between attorneys for the deposed Chief Justice and envoys of the government.
There were discussions, too, directly with the judge and those select envoys of the government he deigned to meet with.
To be perfectly honest, direct negotiations with Mr. Sosa had commenced prior to the filing of the bogus claim that led to his removal.
With the ceremonial opening of the Supreme Court set for January 18th, 1999, the Prime Minister wanted the year to commence with the judicial slate wiped clean of the controversy over Sosa’s election-eve appointment in August 1998.
Chief Justice Sosa had been approached on several occasions prior to January 18th. His interlocutors put to him the government’s case. If he would but step down from office, the government could claim moral victory and, that won, it would promptly re-appoint him, this time in strict compliance with the constitution.
Incredibly, the Chief Justice agreed to that outrageously absurd formula. To be fair to him, the government had not yet been discovered for its pathological mendacity. But he recovered quickly, rejected the offer a few days later and declined further discussions.
In response, Attorney General Dickie Bradley boycotted the opening of the Supreme Court as did a number of PUP-associated attorneys, fueling the controversy.
A few days after the court had declared his appointment unconstitutional, the government offered to appoint him to the Court of Appeal.
He refused and then a few days later communicated through, George Price, that he was prepared to consider the appointment. The two moved in sacerdotal circles, but there was never the suggestion that any kind of divination had produced the change of heart.
In a private meeting at his house, Mr. Sosa dictated the terms and conditions for his appointment to the Court of Appeal.
The government agreed to all his terms and conditions, except his request for compensation for loss of office. It was not about the money. Payment of compensation was tantamount to an admission of wrongdoing.
He quite rightly was concerned that he could later be sacked from the Court of Appeal after a year or two had passed. To quell this concern, he was promised the security of tenure enjoyed by the Supreme Court judges.
The salary and benefits he enjoyed as Chief Justice – and a pension – would remain in place if he agreed to be appointed as a justice of appeal.
Negotiations ebbed and flowed for a week. The judge suddenly and without explanation changed course, declared the negotiations shelved and demanded compensation in full and final settlement within two weeks.
The government was running out of time. His inexplicable vacillations had, for the second time, caused negotiations very near to solution to break down. Dato’ Cumaraswamy had called to say his flight details were being finalized.
The government wasn’t intimidated, mind you; it just didn’t want that sort of human rights taint early in its term, so pregnant and refulgent with expectation.
Special emissaries were again deployed. Finally, the judge’s own advisors persuaded him to settle for the appointment to the Court of Appeal on the previously agreed terms and conditions.
The terms were memorialized in a signed agreement and the judge, in the jargon of the profession, was elevated to the Court of Appeal.
In the decade that has passed, Justice of Appeal Sosa has continued to live an intensely private life, watertight and impermeable to vile gossip. He is punctiliously alert to the remotest allegations of bias that could be dredged up from the deep and distant past by litigants.
The imminent vacancy at the office of Chief Justice has thrust his name into public discourse once more, as an ideal candidate for the job.
Justice Sosa has noble and distinguished qualities, but he is not an ideal candidate – and not necessarily through any fault of his own.
That the people perceive that justice will be done is just as important as justice itself.
With all that has befallen him at the hands of the PUP, his dignity and pride so mangled and mortified, he could not hope to inspire the ready confidence that he could be Chief Justice for all the people, even if he would be.
He was caught in the cross-current of politics; a victim of the vicissitudes of history.
Copyright ©2010 Godfrey Smith
18 comment(s) so far...
Re: Justice Sosa: A Coda
The PUP did worse to Sosa CJ than what the UDP is now doing to Conteh CJ. Shame on both of them. Now in the distant shadow of the Sosa debacle with saintly piousness the PUP curs at the Bar seethe rabid foam at their mouths, yet not even a whimper was heard in 98.
By SAID BARROW on
Friday, July 16, 2010
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Re: Justice Sosa: A Coda
Godfrey Smith is no fool. No doubt, at the Lord's wishes, he, along with other Ashcroft personalities such as Andrew Marshalleck, is trying to stir up and sustain a smear campaign against the Barrow government.
Indeed, as the comment above recalls, none of the PUP lawyers had much to say about Sosa's removal in 98. Much more was said about the George Meerabux debacle than that.
Trying to launch a preemptive strike against the UDP government, Godfrey, using his silver tongue, or pen in this case, scurries to be the first to discredit Sosa JA by trying to link timid personality to an inability "to inspire the ready confidence that he could be Chief Justice for all the people". Coupled with his subtle defence of Conteh CJ in his previous article, this article really takes away the necessity to look far to see where Godfrey wants thoughts on the matter to reside.
By RAGM on
Friday, July 16, 2010
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Re: Justice Sosa: A Coda
Justice Sosa had lend himself to be illegally appointed: he knew the circumstances and the motives behind his appointment and still went along with Dean barrow and Manuel Esquivel's program. These men knew they were going to lose the elections and running scared, decided that one way to protect their hides was to control the judiciary by appointing their own chief justice. So as far as I am concern, I fail to see why all the sympathy for Justice Sosa. The UDPs would want us to think that he was a victim, but history will show that he was a volunteer. The man may be gifted and have many talents, but he does not have my sympathy because he, like Meerabux, was prepared to play the politician's game. Go read The Reporter for this week and read Mr. Marshalleck's article. Its very enlightening as to this whole Sosa saga.
By Curator on
Monday, July 19, 2010
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Re: Justice Sosa: A Coda
As you can tell from the very little interest expressed in this article the people are tired of hearing about the same crap over and over like a broken record. I think the problem is that the PUP operatives do not realize that the spoils of war go to the victor.They were not satisfied with having their own way for ten years; now they want to tell Dean Barrow what to do and when to do it. Since they can't get their way they behave like spoilt little brats as was fashionably displayed by the blue element of the Belize Bar Association in their repartee with the PM.
By SAID OLIVER WILBERT BARROW on
Tuesday, July 20, 2010
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Re: Justice Sosa: A Coda
Wow! Some interesting stuff here Godfrey.
I think that the appointment of a CJ must come only after deep and sober reflection. There is too much at stake to do otherwise. Whereas only the Hon. PM will make that decision (after consultations with the Hon. Leader of the Opposition of course) it is in all of our interest that the person so chosen be above partisan politics. This is not to say that the distinguished Mr Justice Sosa is not.
It appears to me that the sole disqualifications of Mr Justice Sosa the last time around was the manner and time in which he was appointed. If he is appointed properly this time around, why shouldn't he be the new CJ? After all by the author's own account he "has noble and distinguished qualities".
Having been treated in the fashion that he was the last time, I understand why the other side would be concern about his elevation to CJ. No need to fear, if there is disagreement with his judgment there is always the court of appeal and the CCJ.
Mr Justice Sosa, Act Two!??
I love you Belize
By Major Jones on
Tuesday, July 20, 2010
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Re: Justice Sosa: A Coda
As with most "scandals" no on really knows how things went down, who knew what, who lied to who, or who did what. Politicians lie and everyone knows it. They're so far into their tricks that they themselves no longer remember the truth. This story is old and the mere fact that it is being brought up again shows lack of taste and moral fibre on behalf of the PUP. What idiots! In my view nothing bad can be said about Justice Sosa and believe me he has been hounded and suffered enough and hasn't desevered any of it. As far as i know he hasnt even shown interest in being the new CJ so what is the PUP worried about? PUP, famous for digging up things from the past like anyone still cares- talk about holding a grudge!
By Here and there on
Thursday, July 22, 2010
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Mr Justice Sosa, Act Two!??
Mr Justice of Appeal Sosa needs not a Coda, but a Toccata and Fugue. D minor will do nicely.
To explain - The Toccata is a a virtuosic composition with brilliant passages done in a free style. The Fugue is a compilation of the same "tune" repeated over and over again in different voice parts and in different key signatures, eventually returning to the original key that it began in and can end in a major or minor key.
Sosa ought to remain a composition, played brilliantly and with MUCH pomposity, repeated more than once, and then end, as he began, in a minor key - of D.
D is for dull. D is for dense. D is for derelict.
Why did this paragon, this candidate for self-canonization, this auteur of soi-disant virtuosity lend himself to such an orgiastic frenzy of indecent haste?
Because. Because he could. Because he did.
THAT is the real point. HE. DID. IT.
He allowed himself to be nominated after the House had been dissolved, He allowed his name to be bruited about by Barrow, and then finally, fatefully and fatally, he allowed himself to be sworn in as CJ on the last day before election.
In his own coda, Sosa, at the end of the concerto's movement, in the last days of the 1993-1998 UDP Governement, riffed alongside Barrow - and others -in a grasp at immortality - immorality be damned. He eventually even improvised his own elevation onto the Court of Appeal
And so, you see, a Fugue is in order. Structured, measured, and perfectly balanced. Rational and calculated. He shall remain where he is.
History will NOT absolve him.
By Irieas on
Thursday, July 22, 2010
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Re: Justice Sosa: A Coda
Governments have a say in how national history is written ,do they not? I bet history won't be so harsh.
By RAGM on
Saturday, July 24, 2010
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Re: Justice Sosa: A Coda
Hahahaha, brilliantly written Irieas! You sound like someone who is whispered about mockingly by her colleagues as a result of a recent succesful brown nosing episode to get a certain title. Tell me? Is it you?
By SAID OLIVER WILBERT BARROW on
Monday, July 26, 2010
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Re: Justice Sosa: A Coda
RAGM, me and you mus related! You name Barrow nuh?
By SAID OLIVER WILBERT BARROW on
Tuesday, July 27, 2010
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Re: Justice Sosa: A Coda
Ah nat eeven wish dattideh deh kain ah saal pan mi self, faamli
By RAGM on
Tuesday, July 27, 2010
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Re: Justice Sosa: A Coda
RAGM, stop di follow Silvaaaana Udz and write creole same way how ih sound or else it too haad fi read mein!
By SAID OLIVER WILBERT BARROW on
Wednesday, July 28, 2010
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Re: Justice Sosa: A Coda
A few months ago, shortly after the UDP's hijacking of BTL, Justice Sosa's vehicle was photographed in front of BTL headquarters on St. Thomas Street on consecutive days. When these pics were placed in a newspaper, Sosa cried foul. He said he was actually working out in the Marion Jones Stadium and had to park across the street. Forgetting that no one has ever seen him in the stadium, if this is true then why hasn't Sosa's vehicle been seen anywhere near MJS since those days. The question is: what was Sosa doing at BTL? Meeting with Lois? Writing legal opinions about the takeover? Receiving instructions about how to rule if and when the takeover was challenged in court? There is no doubt. The man, Sosa, is crooked. He puts party loyalty above judicial impartiality. He should be removed from the Court of Appeal, not talked about as a possible CJ.
By observer on
Thursday, July 29, 2010
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Re: Justice Sosa: A Coda
Observer, to be perfectly honest. I have personally observed the judge at the Marion Jones Stadium very often when I go there.
By SAID OLIVER WILBERT BARROW on
Thursday, July 29, 2010
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Re: Justice Sosa: A Coda
Observer can't observe.. or ih observe lone fool.
By RAGM on
Thursday, July 29, 2010
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Re: Justice Sosa: A Coda
Sosa is a very careful man and I do not believe that he went to BTL to meet Lois, and I more believe that he was exercising at Marion Jones. That however does not mean though that he is above taking instructions or above bias and party politics. From all accounts from the staff at the supreme court, the man remains bitter after his removal and refuses to speak to the staff members who were around when he was removed. He is always the first to disclose any conflicts or potential conflicts on the bench, but this disclosure is simply to falsely put one at ease because deep down he is petty and bias, characteristics not well suitable for a judge to have. Its always dangerous to have an old or injured crocodile or lion around as they are a lot more dangerous to humans than a healthy croc or lion who are less likely to prey on humans than one who can no longer hunt.
By Toy soldier on
Thursday, July 29, 2010
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Re: Justice Sosa: A Coda
Can we have another article please!
By SAID OLIVER WILBERT BARROW on
Saturday, July 31, 2010
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Re: Justice Sosa: A Coda
Did anyone see the National Perspective cartoon last week. It was hilarious and very accurate! It depicted Evan X Hyde massaging our Prime Minister and Adele Ramos begging to kiss his (The PM's rear). I guess that proves how much the Editors of the National Perspective fear Evan Hyde since he had threatened about two weeks ago that he would not tolerate anymore attacks against him.
By SAID OLIVER WILBERT BARROW on
Wednesday, August 04, 2010
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