Maroc - NEWSDAY.CO.TT - A la Une - Hier 05:58

Belize court orders Ramlogan to pay wasted costs

A High Court judge in Belize has ordered former attorney general Anand Ramlogan, SC, to pay half of the Attorney General’s costs in an injunction application that sought to halt the country’s upcoming March 12 general election. Justice Tawanda Hondora issued the wasted costs order on March 6, citing concerns over possible improper conduct related to the use of digital signatures on court documents. This follows the Caribbean Court of Justice's (CCJ) dismissal on March 4 of an application to expedite an appeal against the judge’s earlier ruling. The CCJ found that the appeal lacked merit. The case originated from an application filed by three claimants, represented by Ramlogan, to delay the elections. However, Justice Hondora denied the injunction on February 12, raising concerns about the handling of affidavits, exhibits, and the apparent use of superimposed digital signatures. In response, Ramlogan was ordered to provide detailed explanations regarding his role in the preparation and submission of legal documents, his association with the Belize-based law firm Estevan Perera and Company LLP, and whether he had a formal legal practice in the country. Ramlogan admitted he does not operate a permanent office in Belize and was using the Perera firm’s address for legal correspondence. He provided his answers to the judge’s questions on February 20. However, the judge criticised Ramlogan’s explanations as “evasive” and found there was a prima facie case of abuse of court process. “In this matter, I have not been given reasons to conclude anything other than that there is a prima facie case that there has been an abuse of this court’s legal process.” Justice Hondora highlighted irregularities in the affidavits submitted, particularly the unexplained use of digitally superimposed signatures on critical legal documents. The court also questioned why Ramlogan had not disclosed details about his arrangements with local counsel earlier in the proceedings. The judge further ruled that if the claimants wish to continue with Ramlogan as their attorney, he must work with a corresponding Belizean law firm and provide the court with the name and contact details of a local attorney responsible for the matter. In his ruling, Justice Hondora also noted, “It is Mr Ramlogan SC’s omissions and negligence that resulted in the unnecessary and unsuccessful interim applications filed, which were based on fatally defective affidavits, and which caused the defendants to incur unnecessary litigation costs. “Had the three applications been dismissed solely on the merits, it is highly unlikely that any adverse costs order would have been made considering the general rules on costs in constitutional matters.” A wasted costs order is issued when a court determines that an attorney's conduct has resulted in unnecessary expenses for the opposing party. While such orders are not made lightly, Justice Hondora found that Ramlogan’s handling of the case warranted financial consequences. The judge also reminded that attorneys practising in Belize must prevent the intentional, reckless, or negligent abuse of the court’s legal processes. “An indifferent approach to the preparation, signing and authentication of legal documents has serious implications for an attorney potentially at the instance of their client and in serious cases at the instance of the court.” He said a careless approach to preparing, signing, and authenticating legal documents could have serious consequences for both the attorney and their client. “Left unaddressed and if it were held that attorneys have no role to play and no duty to take steps to safeguard against the abuse of this court’s legal processes, this country’s justice system will be left vulnerable to improper artifices that undermine the rule of law and the just resolution of disputes.” He also said it was an attorney’s duty to prevent fraud or legal misconduct, conflicts with their duty to a client, by taking appropriate action, including recusing themselves if necessary. Failure to do so may result in disciplinary action by the General Legal Council, the judge warned. Additionally, the judge ordered that all future applications in the case must comply with Belize’s Civil Procedure Rules. While the judge’s February 12 ruling has been appealed and remains before the Belize Court of Appeal, his March 6 ruling is also expected to be challenged in the coming days. The substantive complaint has been set for an in-person case management conference on May 7. In a statement, Ramlogan’s client Jeremy Enriquez appealed for financial assistance to cover the court-ordered costs imposed on Ramlogan, noting the former AG provided pro bono representation. Enriquez, along with Rudolph Norales and Jessica Tulsey, had challenged the government's failure to implement fair electoral redistricting, arguing that it violated the country’s Constitution. In a public statement, Enriquez expressed deep disappointment over the ruling. He said Ramlogan took up their case without any financial compensation. "He never accepted a single penny in legal fees for this matter. He provided us with unwavering, high-quality legal representation at short notice when no other Belizean attorney was willing to take on our case," Enriquez stated. The redistricting battle stems from what the claimants describe as years of governmental inaction in fairly apportioning Belize’s electoral divisions. Enriquez revealed that he had initially sought legal assistance from constitutional attorneys in Jamaica but received no positive response. It was only after meeting Ramlogan at a Belize City law firm that he found a legal champion willing to take on the case. He said Ramlogan pressed forward, working remotely while Enriquez handled on-the-ground legal preparations in Belize. “In a legal landscape where Belizean attorneys are reluctant to challenge the establishment on this critical issue, Mr Ramlogan, SC, and I decided to collaborate to address this ongoing constitutional violation. “Our shared commitment originated from a fundamental question: When the people's constitutional rights are consistently disregarded by successive governments, where can they seek legal redress? Who will advocate for their cause when local attorneys remain indifferent?” Enriquez stressed that the financial burden of the court’s cost order should not fall on Ramlogan alone. "Having received his unwavering support during this pivotal legal struggle, I cannot, in good conscience, allow him to shoulder this financial burden," he said. “We have faced formidable opposition, with the government deploying a legal army against us.” In addition to covering the court-ordered wasted costs, Enriquez noted that funds are also needed to support Ramlogan’s legal team, who worked tirelessly on the case. Enriquez said he remained committed to pursuing justice. "I have instructed my attorney to appeal this judgment, and I remain steadfast in our mission to secure fair representation for all Belizeans in the National Assembly," he said. “In our national quest to achieve and nurture a ‘tranquil haven of democracy’, we must always ensure that all our leaders uphold the rule of law and that justice prevails.” Belizean attorney Eamon Courtenay, who represents the Prime Minister and Attorney General, described the failed application to the CCJ, as “forum shopping.” “If you don’t like this court, you will run to a next one. It was transparent and obvious and entirely without merit.” The post Belize court orders Ramlogan to pay wasted costs appeared first on Trinidad and Tobago Newsday.