BELMOPAN, Belize (CMC):

Chief Justice Abdulai Conteh has agreed to a judicial review of last February's decision by Magistrate Earl Jones which commits former Prime Minister Said Musa to stand trial on a charge of theft.

The charge stems from a directive he gave while he was prime minister for the use of a US$10 million grant from the government of Venezuela that was intended for the construction and repair of houses for poor Belizeans.

The matter has ended up before the law courts even though the monies have since been transferred back to the Government's coffers by the Belize Bank which had received the funds to settle a debt owed by a private health institution - Universal Health Services.

Lawyers for Musa have argued that Magistrate Jones erred on February 10 in arriving at his decision and that he had taken into consideration inadmissible evidence.

Wrongly assumed jurisdiction

Musa's attorneys further contended that the magistrate wrongly assumed jurisdiction in the case and that his decision was both irrational and unreasonable since he did not commit former government minister Ralph Fonseca, who was facing the exact same charge, to stand trial.

In making his ruling, the Chief Justice said he was satisfied that permission should be given to review the magistrate's decision.

"The magistrate wrongfully assumed jurisdiction," he said.

"The decision was irrational and I, therefore, grant permission, having read the papers and listened to the arguments," he added.

Following the ruling, both Musa and his lawyers have expressed optimism that he would be vindicated by the court system.

"I am very pleased that we passed the first hurdle. But of course the substantive arguments are still to be heard," the former prime minister said.

Review hearings are set to begin on April 27.