Court of Appeals turns down Telemedia’s application
But before the appeal of Rhett Fuller was dealt with, the Appeals Court heard an application for leave to appeal a stay of proceedings in the case of five claimants, among them, Belize Telecom Limited, who are claiming compensation for shares they lost when Belize Telecom became Belize Telemedia Limited. The case had started in the court of Justice John Muria and Telemedia sought a stay in proceedings on the grounds that the case was purely academic. While the Court of Appeal today refused the application, it will give its reasons in writing at a later date. Attorney Eamon Courtenay, who made the application on behalf of Telemedia, submitted it would be an academic exercise because Justice Muria had indicated that the claims by Jeffery Prosser and Bobby Lubana could not succeed. Courtenay also said that the claim by Belize Telecom Limited would be of no practical significance because the shares of that Company were sold by R.B.T.T. when Belize Telecom defaulted on its loan. Attorney Prisilla Banner, who represented the Attorney General, offered no objection. According to her, “the government has no dog in this fight.”
But attorney Lois Young who represented the claimants, strongly objected saying that the basis on which the applicants relied were not sustainable. Young argued that the claimants did not have a choice when their share certificate and dividends were sent to them by the new company. The other claimants included the Public Service Union and the Belize National Teachers Union.