Former Minister Rene Montero to face trial over alleged abuse whilst in office

A major legal development has unfolded in the long-running case involving former UDP Cabinet Minister Rene Montero, as the High Court has ruled that he must stand trial on charges of abuse of power.  In a judgment delivered in the latter part of March, Justice Natalie Creary-Dixon rejected an application by Montero to have his indictment dismissed. The court found that under the Belize Criminal Code, both current and former ministers qualify as ‘public officers’ and can therefore be prosecuted for wilful oppression.  The landmark ruling establishes that Cabinet ministers are not shielded from criminal liability for actions taken while in office, reinforcing the principle that no one is above the law.  You may recall that from May to July 2022, Montero was a wanted man by the Police.  At the time, an Interpol Red Notice had already been issued for his arrest in connection with allegations of misuse of government resources. He handed himself into the Police in July after returning from abroad where he was reportedly accessing medical treatment.  He was subsequently arraigned in the Belmopan Magistrate’s Court, where he was granted bail of twenty thousand dollars, ordered to surrender his passport, and required to report to police weekly. The matter was adjourned as investigations continued.  Fast forward to April 2024, and Montero was jointly indicted alongside George Andrews, a former Assistant District Technical Supervisor in the Ministry of Works.  The pair are accused of wilful oppression under sections 284(1) and 309 of the Belize Criminal Code. Prosecutors allege that between 2016 and 2020, while serving as Minister of Works, Montero directed and allowed the improper use of government resources for non-official purposes, resulting in harm to the public.  Justice Creary-Dixon agreed, ruling that the Criminal Code contains its own definition of “public officer,” which includes individuals holding civil office appointed by the Governor-General. Since ministers are appointed under section 40 of the Constitution, they fall within that definition.  With the application to quash the indictment denied, the case will now proceed to trial in the High Court.