A significant constitutional legal battle has intensified in Belize regarding the high-profile kidnapping case of Joseph Budna. Attorney Arthur Saldivar is vigorously defending his legal strategy of personally naming former Police Minister Kareem Musa in a constitutional claim against the Belizean government.
The controversy escalated during Thursday’s proceedings when Senior Counsel Eamon Courtenay challenged the litigation approach, contending that the constitutional claim should properly target the Attorney General’s office rather than Minister Musa personally. Courtenay formally petitioned the court to dismiss the case against Musa, characterizing it as improperly directed.
Saldivar presented a robust defense of his legal position in subsequent interviews, emphasizing that Belizean law permits naming ministers personally when allegations involve abuse of authority, negligence, or actions exceeding official governmental responsibilities. “Ministers cannot claim immunity from personal liability when constitutional violations are alleged,” Saldivar asserted.
The attorney referenced Budna’s sworn affidavit which contains a potentially damaging account: during the alleged abduction, a checkpoint gate was reportedly raised following a phone call to an individual identified as “Kareem,” whom witnesses allegedly referred to as “boss.” Saldivar contended, “The only Kareem with sufficient authority to orchestrate such action would be the minister himself. The burden now falls upon him to demonstrate he wasn’t that person involved in that call.”
Musa has categorically denied all allegations connecting him to the incident.
Saldivar further criticized what he characterized as the state’s inadequate response to thoroughly investigate the kidnapping, suggesting that governmental inaction might itself constitute negligence. He dismissed the motion to strike the case as premature, noting that the civil proceeding hasn’t yet reached the evidence disclosure and witness testimony phases.
Meanwhile, Courtenay maintains that no substantive evidence links his client to the kidnapping allegations and has sought legal costs reimbursement, arguing it would be unjust for Musa to bear expenses from what he considers an improperly filed claim.
The case has exposed tensions within Belize’s legal and political spheres, with Saldivar accusing the government of engaging in a “cover-up” to protect officials who may have acted with official sanction.