Gregg Scott

A man who is awaiting trial for unlawful sexual intercourse has been granted bail, provided that he abides by three conditions stipulated by the court. Gregg Scott was granted bail of twenty-thousand dollars by Justice Colin Williams, but he must not communicate with the virtual complainant, he must surrender all travel documents, he must report to the Dangriga Police Station every Tuesday and Friday and he must return to the Dangriga Magistrate’s Court on August third when his case is called.  If Scott fails to comply with these conditions, his bail will be revoked.

Roger Rivera

A man was arraigned before Magistrate Aretha Ford in Belize City today on a charge of rape upon a fifteen-year-old girl. The man is accused of forcibly having sexual intercourse with the girl last week Friday at her mother’s house. Initially, Roger Rivera was charged with sexual assault upon the girl, but following further investigations, police upgraded the charge to rape. Magistrate Ford remanded Rivera to prison until August seventh, when he is to return to court.  He was represented by attorney Leo Bradley Junior.

Andrew Marshalleck

According to attorney Andrew Marshalleck, the notion that the timeliness of the complaint has a bearing on the consequence sends a wrong message to the Judicial and Legal Services Commission.

Andrew Marshalleck, Attorney, Bar Association

“Where we are is that while the court acknowledges that the Judicial and Legal Services Commission acted unconstitutionally in excluding Mrs. Vidal from the meetings for the past two years that no consequences are to flow from that because, as the judge explained, the Bar Association, she said, it delayed and took too long to bring a claim to complain about it and also that apart from the delay that the potential consequence of making the declaration would create chaos, I imagine in the administration of justice.  I hesitate in explaining it because I do find it difficult to explain because if it is, as the judge has found that the decisions were valid, notwithstanding the exclusion of the president of the bar from the proceedings before the commission, then I don’t see any risk of any chaos.  It seems to me that the denial of any relief to the bar while acknowledging the constitutional wrongdoing sends the message to institutions such as the Judicial and Legal Services Commission that it’s okay to act in breach of the constitution so long as the people who are affected by your breach do not complain about it promptly or so long as it is the case that if the complainer complains about it and the decisions are invalidated, it could cause administrative chaos.  It seems to me that that’s a very wrong message to send.”

Cheryl-Lyn Vidal

Acting Chief Justice Michelle Arana rendered an oral decision this morning in a claim brought against the Judicial and Legal Services Commission by the Bar Association.  During his tenure as president of the J.L.S.C., former Chief Justice Kenneth Benjamin sidelined Director of Public Prosecutions Cheryl-Lyn Vidal, who also held the post as head of the legal fraternity, from attending meetings.  Her exclusion from all J.L.S.C. activities was on the basis that Vidal held conflicting roles as both the D.P.P. and Bar Association president.  The matter was heard earlier this year by Justice Arana prior to her appointment as interim Chief Justice.  This morning, via teleconference, a decision was handed down in favour of the Bar Association, however, relief was not granted to the claimant.  Attorney Andrew Marshalleck represents the bar.

Andrew Marshalleck, Attorney, Bar Association

“She gave notice of a decision in the claim of the Bar Association against the Judicial and Legal Services Commission this morning by Skype.”

Isani Cayetano

“What was the outcome in terms of the decision being rendered and where do we go from here?  I ask that because I believe that the tenure of the president of the Bar Association has since expired.”

Andrew Marshalleck

Andrew Marshalleck

“Well the bar has a new president, yes.  Mrs. Vidal is no longer the president of the bar, but where we were, if you can recall, was in the claim we sought a declaration that Mrs. Vidal had been unlawfully, unconstitutionally excluded from the Judicial and Legal Services Commission and that as a consequence of her exclusion from participating in the proceedings of the commission, the decisions of the commission made in the interim period were unconstitutional and void.  What the judge found this morning, and I still haven’t seen the written decision, I’ve sent for it, but basically what she informed us was that she agreed that Mrs. Vidal was unlawfully excluded from the commission’s activities and that as president of the bar she was entitled to and should have served, been appointed to the commission.  But she has refused the Bar Association any of the relief claimed, including the declaration that Mrs. Vidal was unlawfully excluded from the meetings and in particular, including the decision that the consequences of her having been unlawfully excluded from the commission was to invalidate the decisions of the commission.”

Calaney Flowers

Calaney Flowers was acquitted of the murder of ex-boyfriend Lyndon Morrison in March 2017 after five years on remand at the Belize Central Prison.  Despite the acquittal, the former bank teller has been fighting to remain a free woman as the Director of Public Prosecutions continues to pursue an appeal of that initial decision which was handed down by retired Justice Troadio Gonzalez.  On August twenty-eighth, 2012, Flowers ran her vehicle into a motorcycle driven by Morrison on Freetown Road, killing him and severely injuring his girlfriend at the time.  Flowers was charged with murder and attempted murder in the wake of the deadly incident, but on March twenty-fourth, 2017, she was freed of those charges when the prosecution failed to prove that she intentionally caused Morrison’s death.  D.P.P. Cheryl-Lyn Vidal subsequently appealed the decision but the case was dismissed last October on the basis that the Court of Appeal has no authority to hear the matter.  Another appeal was later filed with the Caribbean Court of Justice where the matter was heard at length via teleconference this morning.  The main issue concerns the interpretation and interaction between section forty-nine of the Court of Appeal Act and section sixty-five ‘C’ of the Indictable Procedure Act.  Calaney Flowers is being represented by attorney Anthony Sylvestre, while D.P.P. Vidal appeared on behalf of the Crown.

Cheryl-Lyn Vidal, Director of Public Prosecutions

“Where a trial is conducted without a jury, the judge shall at the conclusion of the trial give a written judgment stating the reasons for the conviction or acquittal of accused person as the case may be at or as soon as reasonably practicable after the time of conviction or acquittal.  …The date of the judgment referred to in subsection one of this act shall be deemed to be the date for conviction or acquittal of the accused person.  It is this section that the Crown seeks to invoke in its application for leave to appeal the decision of the linear trial judge of acquitting based on the offense or murder.  At the hearing of the application for leave to appeal, the Court of Appeal declined jurisdiction.  During the course of the hearing it appeared that the basis of the refusal was that Section 65C (3) did not in fact give the crown a right of appeal.”

Anthony Sylvestre, Attorney for Calaney Flowers

“Your honor this case, this appeal really concerns the question of interpretation of a statute which seeks to overthrow a fundamental rule of common law in relation to acquittals and in using the phrase overthrowing of this common law principle I am indeed relying on Chief Justice Gibbs’ pronouncement as cited by the first president of this court, President De la Bastide.”

Audrey Matura

The license of the three importers expired months ago and there was no possibility to renew or extend.  Their position is that the government’s move to box them out is illegal and unconstitutional and that case is before the courts. Attorney Audrey Matura is challenging the government’s decision in the courts. According to Matura submissions are still being filed.

Audrey Matura, Attorney

“It sounds bad but we have never gotten a written decision. Forty-two days have passed so the one place you can turn to that you should be able to get quick answers is not there. That is a reality we have to deal with. The second thing with the case itself, we have been given a date when we were to give in our legal submission which we have done on the constitutional case. The government was to respond last week Friday. They have not responded. We wrote a letter to the registrar pointing out that they failed to meet their deadline. We had failed initially to meet our deadline but we had written and ask for an extension and we said that because you gave us six days extension they are entitled to six days. So they were to filed on the fourth of June. They had up to the twelve of June to file and thereafter we were to respond. Up to today we have not gotten their submission. After they send in their submission then we have five days within which to reply to that if there is any need. At some point, the court will give us a response. That is where we are with that case.”

Kenroy Gomez

A man who was caught walking out of 88 Shopping Centre on Central American Boulevard on Thursday with three pounds of pork chops which he ordered and did not pay for, was fined today when he appeared before Magistrate, Stephanie Gillett. Kenroy Gomez told the Court that he finds himself in all kinds of financial burdens and that his immediate relatives are also faced with health and other challenges.  He said that he had money in his pocket when he went to the supermarket to buy on Wednesday, but that the stress he was going through caused him to momentarily lose focus and he left the store without paying for the pork chops. But the Police allege that Gomez had put the pork chops in his pants pocket and had also left a chicken unpaid for at the counter.  The report is that it was when the store’s security noticed the chicken on the counter; they searched Gomez and found the pork chops in his pocket. While Gomez objected to that bit of information, he pleaded guilty to theft and Magistrate Gillett told him that, given his circumstances and considering that this was his first criminal offence, she will impose a fine instead of a custodial sentence, but issued a stern caution to Gomez that if he appears before the Courts for any other charge, he will likely go to jail.

Rasheed Coffin

An eighteen year old youth is out on bail two days after he was remanded to the Belize Central Prison for having sexual intercourse with a minor. Attorney, Oscar Selgado today argued for bail for Rasheed Coffin before Supreme Court Justice, Colin Williams and was successful. Justice Williams granted Coffin bail of seven thousand dollars on the condition that Coffin reports to the Raccoon Street Police Station every Friday and to the Magistrate’s Court on July twentieth for his case.  Coffin, who gave his profession as a sales clerk, appeared before Magistrate Emmerson Banner earlier this week to answer to the charge of unlawful sexual intercourse, which allegedly happened on May twentieth.  The girl is said to be twelve years old.

Shane Jones

A man, who was facing a charge of murder, saw that charge reduced to manslaughter when he appeared in the Magistrate’s Court on Monday. Viewers will recall the report we aired last November when handyman, forty-nine-year-old Edwin Usher was brutally beaten during an altercation with another man at the corner of Johnson and Vernon Streets in Belize City.  The beating was so severe that Usher never recovered from a coma and he died one week later. Police later charged fisherman, Shane Jones with murder, but the court withdrew that charge and replaced it with a charge of manslaughter.  With that reduced charge, Jones was able to go home; at least until his trial date comes up on July tenth because he was granted bail.

Carlisle Bol

An ex-Police Constable who is serving a two-year sentence behind bars applied for bail today while his attorney appeals the ruling of the case; but his application for the bail was turned down. Senior Magistrate Aretha Ford ruled that the evidence that the prosecution has on file stemming from the incident is stacked overwhelmingly against ex-cop, Carlisle Bol.  Bol was convicted of Possession of Unlicensed Firearm and Ammunition and sentenced to two years imprisonment in February of this year.  The evidence revealed that Bol was involved in an argument with another man on a night in October of 2017 at Elements Night Club and when he was escorted outside and searched, police found a point twenty-two calibre gun and ammunition, for which he could not produce a license.

General Elections are due in November of this year, but the exact date is not known. But there is a pending case against the Elections and Boundaries Commission and the government before the court on the matter of the election process. Lord Michael Ashcroft and the Belize Peace Movement are challenging that the government has not conducted a boundary redefining or redistricting exercise.  The exercise is to make the thirty-one constituencies more proportionate with the number of registered voters in each division. There have been several delays such as the Chief Justice’s retirement and the COVID-19 pandemic. Attorneys Andrew Marshalleck and Arthur Saldivar, representing both parties, are pushing for the case to be heard.   Saldivar has written to the Registrar General and says that the case must be heard and a ruling handed down before any election is held.

On the Phone: Arthur Saldivar, Attorney

“There are a number of factors that has caused the matter to be suspended to where it is right now. The first is that the Chief Justice had reached retirement age and had made to leave the jurisdiction. He was relieved of his duties as Chief Justice. Then shortly following that you had the shutdown as a result of COVID-19. Those things disrupted the proceeding. As a result of that we are where we are now. In the impasse when the court started to operate at least close to normal again I had written to the registrar to have the matter reconvene and continued.”

Hipolito Novelo

“Any response to that letter as yet?”

On the Phone: Arthur Saldivar

“Well no written response. However I did manage to speak to the Assistant Registrar last week and was put through the marshal responsible for the present chief justice and I was told that we would get a date within next two weeks. It has to be held before any elections because the election given the current situation would be unconstitutional. So for us to have a valid elections where we can respect and adhere to whatever government comes about as a result cannot be done without the redistricting exercise taking place.”

Anthony Reyes

Twenty-two-year-old Anthony Reyes, a barber of Mahogany Street in Belize City was also lucky to get bail of twenty-five thousand dollars today.  Reyes is charged with the murder of forty-four-year-old Emmerson Anderson, who was shot and killed while he was part of a group gathered on Ebony Street in March of 2018.   Although he has only been on remand for a little over two years, Reyes was granted bail on the basis that the preliminary has been completed at the magistrate’s court level, but the case file is yet to be forwarded to the Supreme Court for trial.  In order to keep his freedom until his case comes to trial, Reyes must sign in twice a week at the Mahogany Street Police Station, must not to leave Belize, and must abide by a curfew that has been imposed on him by the court.

Jair Jeremias Guerra

A man who is awaiting trial for the murder of his common-law wife was today granted bail when he appeared before Supreme Court Justice Colin Williams. Construction worker, forty year-old Jair Jeremias Guerra of Salvapan, Belmopan was offered bail of twenty-five thousand dollar. He is to report to the Belmopan Police twice weekly, must have no contact with witnesses and must also not leave the jurisdiction without Supreme Court approval. Guerra is accused of beating forty-five-year-old Maria Candelaria Reymundo to death in March, 2016. Under normal circumstances, a person charged with murder is not granted bail until after a few years on remand, but in this case, the preliminary inquiry has long been completed at the Magistrate’s Court level, but the documents have not been passed on to the Supreme Court for the trial to begin.  Because of that delay, the Supreme Court considered Guerra for bail.  Crown Counsel, Riis Cattouse informed News Five today that the D.P.P.’s office can only indict someone to stand trial upon receipt of the case file.

Deandre Adolphus

Turning to the courts, earlier this week, the murder trial of twenty-two year-old Deandre Adolphus fell apart at the Supreme Court level when the Prosecution withdrew the charge from against Adolphus.  Thirty-six-year-old Bruce Reneau, who was charged with Abetment to Commit Murder in the same case, also walked away a free man. The two neighbours were facing trial for the shooting death of twenty-nine-year-old Mark Jones, who was killed as he entered his yard on George Frazer Street in February of 2017.

Bruce Reneau

Since 2017 when the two men were charged, Adolphus’ relatives had been saying that he was not the triggerman because he was with them at the time of the killing.  They had suggested he was blamed because he used to hang around the area where the incident occurred. Police were relying on a written statement given by a witness, who is now deceased, alleging that he heard Adolphus and Reneau discuss the murder and then heard the shots that ended Jones’ life a few minutes later.

Corporal Eldon Arzu is before the courts again attempting to overturn the results of the recently elected executive of the Police Association. Those elections concluded two weeks ago and Sergeant Jane Usher emerged as the new president. But Arzu is challenging the results, saying that he would have been re-elected if the Commissioner of Police did not extend the deadline for nominations past November of last year.  ComPol Chester Williams says the challenge as frivolous. Here is News Five’s Duane Moody.

Duane Moody, Reporting

The contention between former President of the Police Association, Eldon Arzu and ComPol Chester Williams is playing out once again before the court in a separate case. This time, Arzu is claiming that if it were not for the Commissioner extending the deadline for nominations, he and his slate would have been endorsed last year. Elections were due in January, but did not happen until two weeks ago, on June seventeenth, with Sergeant Jane Usher and her team secured the most votes. Prior to the election, attorney Nazira Myles, on behalf of Corporal Arzu, filed an application for judicial review before Supreme Court Justice Sonya Young.

Nazira Myles

Nazira Myles, Attorney for Corporal Eldon Arzu

“Our client’s position has always been—and we have correspondence to that effect—that he was nominated from the fifteenth of November, which makes it legal. So, really, he and his slate should have been declared the central board. Thereafter, the extension kept taking place for nomination by extensions by the Commissioner of Police. He has correspondences to the scrutinizing officer, to the Commissioner of Police, to the Minister of National Security, where he is asking on what basis this election is going to take place. And in a specific correspondence, he makes it known that he is accepting the nomination, but his participation in the election depends on an explanation on what legality is being done.”

Reporter

“Is there any provision under the law for the extensions that the commissioner kept making?”

Nazira Myles

“Our position is that there is none.”

Although they have already taken office, the legal move is to have the Supreme Court stop the installation of Sergeant Usher and her team as the new executive of the association. According to Myles, the election was done illegally and the results are null and void and in contravention of the Police Act.

Nazira Myles

“We base our application on the law itself. The Police Act has rules that govern the association, and those rules give specific dates by when nominations should be made and specific rules by when the election should take place. And if you read it carefully and you contrast it with when the election took place, and certain actions before the election, in terms of getting certain officers in the nomination slate, it was not done legally.”

In responding to an allegation that he manipulated the process for an outcome that would be favourable to him, ComPol Chester Williams says that Corporal Arzu is upset because he did not win.

Chester Williams

Chester Williams, Commissioner of Police

“I am not going to say much because the matter is indeed before the court. I will just say that this is not a matter of the police association and the commissioner; it is a matter of Corporal Arzu. For me, the rank and file that falls within the scope of the Police Association have decided who they want to represent them in the next central board which has been appointed. We were in a state of stalemate for a whole year; the association did nothing. We have a number of police officers out there who have a number of welfare issues that need to be addressed. I want to see the association begin to work for the people that elected them. That is more important to me. And with that, I believe that the application by Mister Arzu is frivolous and vexatious because had he won the election, there would have been no claim; he would be celebrating.”

Arzu’s attorney says alleges that ComPol Williams has had biases against her client.

Nazira Myles

“Our position is from the inception, even the other judicial claim we have against the commissioner, is that bias has always been showed against our client and we maintain that even now. It’s our position and we have document that shows that there was no nomination by Officer Usher or her slate at the time that it should have been done yet extensions keep being given and now she is the only other slate which is contesting my client.”

Chester Williams

“Nomination for the police association is normally by November fifteenth of every year. If I were to go by the rules, because the regulation states that nominations are to go to the Commissioner of Police, to be submitted to the Commissioner of Police, November fifteenth last year, the only nomination I had was from Sergeant Jane Usher and Sergeant Hyde. So if I were to go by the rules, then they would have been endorsed as the new central board. I got no nomination from Corporal Arzu until March this year. So contrary to what his application is saying that is not what happened.”

The case goes back to court on July ninth. Duane Moody for News Five.

Of the five judges who presided over the appeal, the written judgment rendered by Justice Peter Jamadar is perhaps the most cutting and a scathing rebuke of the government.  In a section of the ruling, titled Fatal Omissions, Justice Jamadar highlights that government failed to take any reasonable steps to try and resolve the issues with B.I.S.L. amicably.  Likewise, he characterizes government’s appropriation of both registries as unilateral, high-handed, arbitrary and inconsistent with the standards of good governance and, most tartly, as an abuse of state power. It reads, “Taken together these constitute a serious threat to, and undermining of, fundamental and core constitutional values and principles.  They also weaken the integrity of the legal system, especially if the government is permitted to enjoy exemption from its failure to comply with the rule of law obligations in this case.  And as well, left unaccounted for they diminish constitutional faith and public trust and hence democratic legitimacy.” Not only did Courtenay weigh in on the acerbic descriptions, he also questions whether there is misfeasance afoot since the people of Belize are left to pay hundreds of millions of dollars in damages for government’s unlawful acquisitions.

Eamon Courtenay

Eamon Courtenay, Attorney for B.I.S.L.

“I would urge you and urge Belizeans to go to the C.C.J. website and look at the judgment, read the judgment of Justice Jamadar who is extremely critical of this type of thuggish and roguish and illegal behavior that is characteristic of Dean Barrow. I think it is once again a very sad day for Belize where the Caribbean Court of Justice has used such strong language condemning the behaviour of the government, the unlawful, continuing unlawful behaviour of the government, and secondly which is just as important is the cost that the country of Belize is being called upon to pay because Mr. Barrow is taking these obviously unlawful decisions.  I mean, you know, one has to start to wonder whether there is some misfeasance here, whether somebody has to be held responsible for all of these hundreds of millions of dollars.  These are issues which will have to become live and the Belizean people will have to decide who pays for all of this.”

In Wednesday’s newscast, we will hear from Lord Michael Ashcroft on the C.C.J. ruling.

Dean Barrow

PM Barrow told reporters that they need not seek a response from him in respect of the outcome of the B.I.S.L. appeal.  He famously said, “I am telling you from now: won’t pay, can’t pay.” Here is that clip once again, in the context of today’s decision.

Prime Minister Dean Barrow [File: June 26^th, 2020]

“…which I can say from now, if it goes against me and sometimes like the Peace of God, but clearly completely secular way, the reasoning of the C.C.J. passeth all understanding. So anything can happen. But what you were talking about earlier, with respect to force majeure—vis-à-vis, the bondholders—and I am saying if we ultimately reach the point where they didn’t give us the terms we are asking for by way of renegotiation, it will be a matter we can’t pay, won’t pay. Likewise, whatever judgment comes…sorry, if the judgment goes against us, you don’t need to ask me for a reaction on Tuesday. I am telling you from now: won’t pay, can’t pay. End of story.”

Eamon Courtenay

The government now finds itself on the hook for as much as ninety million Belize dollars, plus interest which has accrued on that quantum since 2013.  On Friday, Prime Minister Dean Barrow boldly declared, following the sitting of the House of Representatives, that government will not and cannot pay the damages being sought in respect of the IMMARBE acquisition.  That preempting of the decision of the C.C.J. is being condemned by Courtenay as disrespectful and contemptible.

Isani Cayetano

“You were initially seeking damages of forty-five million [U.S.] dollars based on the appropriation of the company by the Government of Belize.  Is there an additional quantum being sought?  Will there be a recalculation of the existing damages?”

Eamon Courtenay, Attorney for B.I.S.L.

“Right, the Belize International Services Ltd. hired an expert or an accounting firm which prepared expert reports and valued the seven-year loss of profits at forty-five million U.S. dollars.  The government took the position that they were not required to pay any money at all to Belize International Services Ltd. and said that they should get zero.  However, during the trial, the government hired and expert, Dr. Richard Hearn, who then filed a supplemental expert report saying that if he is wrong that it is zero, then he says that it will be twenty-four million U.S. dollars.  So when it comes to the assessment of damages, it will be our position that the minimum that Belize International Services is entitled to is the twenty-four million that government says it is valued and the maximum would be the forty-five million, plus interest and expenses that would have accrued on that amount.”

Isani Cayetano

“Now you’ve put forward before the C.C.J. earlier that based on the prime minister’s comments last Friday that there is the very real possibility or likelihood that government will not make any attempt to cover this particular monies that is now owed to your client in damages.  Can you expand on that a bit?”

Eamon Courtenay

“I think it’s regrettable, I mean quite frankly, here you have a prime minister that even before we knew what the result was, went public and said that, “I won’t and can’t pay.”  That is disrespect, it is contempt, it is an ignorance that is born out of his arrogance.”

Eamon Courtenay

The comprehensive judgment included the views of every judge of the C.C.J., who came to the same unanimous decision.  Senior Counsel Eamon Courtenay, who represents B.I.S.L., spoke with News Five following the ruling.  He describes the government’s takeover seven years ago as both roguish and thuggish.

Eamon Courtenay, Attorney for B.I.S.L.

“Belize International Services Limited managed the International Business Companies Registry and the Ships Registry on behalf of the Government of Belize from 1993.  In 2013, the current government forcibly, and this is what the court held, forcibly without court order, went in and took over the registries.  There was still seven years left on the agreement, the management agreement and therefore in 2013, B.I.S.L. sued the government for damages on the basis that the takeover was unlawful.  The government succeeded in the Supreme Court and in the Court of Appeal and the matter went to the C.C.J. and today the Caribbean Court of Justice delivered its decision, ruling that the way in which the government took over the registries was unlawful, unconstitutional.  In fact the judges have used some very harsh language to criticize the government.  I would describe it as roguish and thuggish behaviour and the type of behaviour that does not inspire confidence in any investor or any Belizean.  If you have an agreement and somebody has a dispute with it, you go to court to have it resolved.  Our government decides that it is going to take it by force and now the court decided that that was unlawful and it has been sent back to the Supreme Court for the damages to be assessed.”

A major decision was handed down today by the Caribbean Court of Justice in a one hundred and forty-eight page judgment. The  judgment from the highest court of Belize is one of the most blistering and damning on the Barrow administration, finding that its actions were high-handed in taking over the registries and not settling it amicably, amounting to an abuse of power that when taken together, weakened the integrity of the legal system.  For context, in June 1993, the government entered into a management services agreement with Belize International Services Limited for a period of ten years.  In May 2003, the agreement was renewed for another ten years.  Two years later, in consideration of three million dollars paid by B.I.S.L. to government, the agreement was revised and subsequently extended to June 2020.  But in 2013, the Barrow administration appropriated the International Merchant Marine Registry of Belize, IMMARBE, as well as the International Business Companies Registry, both companies owned by the Ashcroft Group; years earlier, it had taken over B.T.L.   B.I.S.L. then sued government for breach of the agreement, seeking damages of forty-five million U.S. dollars.  Government argued before Justice Michelle Arana that the extension given to B.I.S.L. in March 2005 contravened the constitution, as well as the public finance law.  The claim was dismissed and later affirmed by the Court of Appeal.  The matter then headed to the Caribbean Court of Justice and this afternoon at one o’clock, Justice Jacob Wit handed down a resounding decision in favour of B.I.S.L.

Eamon Courtenay

Justice Jacob Wit, Caribbean Court of Justice

“The court orders therefore, A: that the appeal is allowed, B: damages are awarded to the appellant, Belize International Services Limited for the respondent’s breach of the 1993 agreement as extended by the 2005 extension.  The matter is remitted to the Supreme Court of Belize for assessment of damages, costs awarded to the appellant to be taxed in the form of an agreement certified fit for the two attorneys.  That is the decision of the court.  Is there anything that needs to be said, Mr. Courtenay?”

Eamon Courtenay, Attorney for BISL

“Yes, your honor.  If I may start by thanking this court for what I would describe very modestly as an impressive landmark decision on behalf of my clients.  I would ask the court to provide us with necessary assistance in order that this judgment can be effective.  Your honors are well aware of the difficulties different clients of mine have had with trying to collect and to progress judgments of this court against the Government of Belize.  I give you but two examples which cause me to say what I’m about to say.  The Cruise Solution judgment of October 2018 where this court ordered that taxes be remitted to Cruise Solutions, not a single dollar has been paid to date.  We have been struggling to do the accounting that this court has ordered but we continue to be frustrated.  The Belize Bank judgment for the payment of the Universal Hospital debt, not a dollar has been paid and we continue to struggle to get a dollar paid in an effective way.”