The first of three days to once and for all determine the legality of the nationalization of Belize Telemedia Limited and Belize Electricity Limited began on Wednesday December 10 at the Caribbean Court of Justice. A battery of lawyers representing BTL, BEL and the Government of Belize are in Port of Spain Trinidad for the three days of arguments.
Presenting on the first day of hearing before the 5 justices of the CCCJ was Peter Goldsmith who made presentations for 2 hours and forty five minutes. Also making presentations on behalf of British Caribbean Bank was Eamon Courtenay while Attorney Edward Fitgerald who is representing Fortis Energy also made a 1 hour presentation. He will continue arguments on Thursday after which Denys Barrow will present the Government of Belize’s position, responding to all three lawyers. The first presenters will then rebut and the case will be completed on Friday December 12.
At the conclusion of the case justices Byron, Saunders, Wit , Hayton and Anderson will make a ruling to finally and definitively conclude litigation as it relates to the nationalization of BEL and BTL finally determining whether it was done legally or not.
In a release from the CCJ it states that: “In 2009 the Government of Belize passed a number of statutes in which it claimed to compulsorily acquire properties belonging to Dean Boyce and British Caribbean Bank Ltd. Consequently, Boyce and BCB challenged the constitutionality of the government’s actions finding success in the Court of Appeal. Despite receiving a favourable ruling with a declaration that the statutes were unlawful, null and void, Boyce and BCB then appealed to the CCJ on the Court of Appeal’s decision not to grant additional rewards. However, anticipating further related matters, the CCJ placed a hold on those proceedings until the expected matters were before it.
The matters came. In 2011 the Government sought to correct its misstep in the 2009 statutes and passed additional Acts thereby finding favour with the Court of Appeal. Following the decision that the 2011 Acts were valid, Boyce, BCB along with Fortis International lodged the appeals in the CCJ.
It is in relation to these matters that the Attorney General then filed a cross-appeal. The public hearing of the appeals is set for Wednesday, December 10 – Friday, December 12, 2014 at the Seat of the Court. The Court will be presided over by the President along with Justices Saunders, Wit, Hayton and Anderson. Lord Peter Goldsmith, PC, QC, Mr Edward Fitzgerald, CBE, QC, Mr Godfrey P. Smith, SC, Mr Eamon Courtenay, SC, Mr Jose Alpuche and Ms Pricilla Banner will appear for Boyce, BCB and Fortis International. Mr Denys Barrow, SC, Mr Nigel Hawke and Ms Naima Barrow will appear for the Attorney General and the Minister of Public Utilities.
The CCJ is calling the case a ground breaking case for the Caribbean.
