High Court says Charlton Roches was unlawfully retired from the Belize Defence Force

The High Court ruled that Lieutenant Colonel Charlton Roches was unlawfully forced to retire from the Belize Defence Force at the age of forty-five, a ruling that came despite his previous entanglement in a series of internal military allegations involving German Army training, his private company and the alleged unauthorized use of BDF resources. Roches brought the claim against the Belize Defence Force and the Attorney General after he was discharged on June 1, 2022, his forty-fifth birthday. He argued that amendments introduced in 2016 had increased the mandatory retirement age for a lieutenant colonel from forty-five to fifty.  The Government disputed that interpretation, claiming that officers who were already serving before the amendments remained subject to the previous retirement age. Justice Patricia Farnese rejected that position, describing the Government’s interpretation as “entirely unpersuasive.”  The judge found that the amended law allowed officers serving before 2016 to retire at the earlier age if they chose to do so. It did not require them to leave the force at forty-five. The court consequently found that Roches’ retirement was unlawful.  But Roches’ years in the BDF were not without controversy. Documents reviewed by Love News show that he faced four internal military charges in 2018 relating to jungle training conducted for German military personnel.

One charge alleged that Roches disobeyed a lawful command by failing to hand over documents connected to the German Jungle Training programme between December 2017 and January 2018.  Other charges alleged that, between May 2013 and May 2017, Roches used his private company, Belize Jungle Experience Limited, to provide an “adventure package” to members of the German Army while serving as the BDF’s liaison officer to the German military.  The charge sheets further alleged that government property, premises, labour and services were used for the venture without authorization from the Chief Executive Officer in the Ministry of National Security. Roches was also accused of participating directly in business transactions involving the company without permission from the Commander of the BDF.  The allegations resulted in charges of disobeying a lawful command, two counts of disobeying standing orders and conduct prejudicial to good order and military discipline.  Personal bank statements covering portions of the period from 2012 to 2017 were also included among the records reviewed. Those statements, however, do not by themselves prove misconduct, and the documents provided to Love News do not establish whether Roches was convicted, acquitted or otherwise cleared of the military charges.  Notably, the High Court judgment stated that it had been presented with no evidence suggesting that those previous controversies, or anything other than the enforcement of the disputed retirement age, were behind the decision not to allow Roches to continue serving.  Before his retirement, Roches had applied to the Belize Defence Board for an additional five years of service, but his request was denied. He later sought declarations that his discharge was unlawful, along with damages for lost salary, benefits and opportunities.  While the court agreed that the retirement was unlawful, it did not award Roches damages or order his reinstatement. Justice Farnese determined that the matter was properly a claim for judicial review and that Roches first had to exhaust the available administrative process.  The case was therefore sent to the Security Services Commission to determine the appropriate redress for his unlawful retirement. Roches was also permitted to amend, withdraw or refile his appeal to the Commission in light of the court’s ruling.  No order for costs was made, with the judge noting that both sides had achieved mixed success.