CJ rules against Telemedia

Before the arguments on the constitutional case began, Chief Justice Abdulai Conteh this morning denied a declaration to pronounce actions by Revenue Magistrate Ed Usher as unlawful in a case brought by Telemedia and its subsidiaries Digicell and B.E.S.L. In handing down his judgment, the C.J. said that the companies did not engage in the processes to ventilate its dissatisfaction through all the avenues available to them before going to the Supreme Court. And while Telemedia contends that the Commissioner of Income Tax acted with improper motive in assessing the taxes, the C.J. stated that he believed it is not the assessment that has aggravated the tax payer, but rather the breach of the accommodation agreement, on which most of its grounds rested. The utility company was seeking a declaration that the issue of the arrest warrant by Magistrate Usher on July fourth on Chairman Dean Boyce was unlawful as it contravened section one-one-two of the Belize Supreme Court of Judicature Act. Telemedia also sought damages in respect to the reputation of the utility company and its executive chairman, as well as compensation for the pecuniary loss caused to Telemedia and exemplary damages arising from the conduct of Magistrate Usher. In his decision today, however, the C.J. awarded costs of court, an agreed twelve thousand dollars, to the defendants. Telemedia was represented by attorney Eamon Courtenay, while Lois Young appeared for the government.