Caribbean International Brewery will Likely Sue for Damages

On the phone: Dean Barrow

Senior Counsel Barrow explains what the High Court ruling means for his client, as well as a likely course of action in respect of a claim for damages.

Isani Cayetano

“What does this now mean for your client and the operations of the Caribbean International Brewery and what other form of redress would you guys seeking at this juncture?”

On the phone: Dean Barrow, SC, Attorney-at-law

“Well remember, of course he’s now gotten back the money.  He got back the money which had been held in an interest-bearing account, so he got it back with interest.  But you will recall that when we were in front of the magistrate and I was interviewed by the media on various occasions, I maintained that once we were able to win in the High Court, that would open the door to an additional suit now for damages and this is where we find ourselves.  In other words, getting back the money is excellent but not enough because for the six months or so that the money was held improperly as the High Court has now determined, Mr. Xin and the brewery were without that working capital.  Also, because of the tremendous reputation harm suffered when that money was seized and it was continued to be detained against, as the court has now found, all the rules and authorities, Mr. Xin and the brewery found that a large majority of their distributors of their products, of the beer in particular, cut them off, saying, “Look, we can’t afford to represent you any further because you are in trouble with the FIU, you are in trouble with the authorities.  There was talk of money laundering, all that sort of stuff.”  And so, it was as a direct consequence of what was done, which has now been found entirely illegal, that he suffered harm above and beyond just being deprived of his three point one million dollars for six months or nine months or however long that was.  So that is where the question of a suit, a claim for damages will now come in.”

Representing the Attorney General was Senior Counsel Godfrey Smith and attorney Hector Guerra.