Court of Appeal decides who owns B.T.L. and B.E.L.

A small crowd packed into the Court of Appeal this afternoon at two o’clock to hear the long anticipated judgment of the Court of Appeal in the cases involving the nationalization of Telemedia and B.E.L. and loans from British Caribbean Bank. The cases were argued in October of 2012. Finally, after a delay of a year and a half which the court acknowledged was “unacceptable”, the court in a massive three hundred and twenty-two page judgment ruled that the G.O.B. was the owner of the nationalized assets of the companies.  The appeals of the B.T.L. Employees Trust, British Caribbean Bank and Fortis were all dismissed with costs. The decision was split two to one.  The local judges, President of the Court of Appeal, Manuel Sosa and Justice Samuel Awich ruled that the nationalizations were constitutional.  Trinidadian Justice of Appeal Mendez ruled that the nationalizations were unconstitutional. He went further to rule that the complainants should be paid damages for breach of their constitutional rights and said he would have given the parties liberty to apply for any further relief they thought appropriate.  The lead majority decision was delivered by Justice Awich in a one hundred eighty-eight page judgment with the President, Manuel Sosa, concurring in a short ten page judgment.  Immediately following the ruling, the media got reactions as interested parties departed the courtroom.  

Reporter

“From our understanding it seems as if though this is a monumental win for the Government of Belize. The reacquisition of B.T.L. is ruled lawful and the Fortis appeal is dismissed. Can you explain?”

Denys Barrow

Denys Barrow, Attorney for the Government of Belize

“I think that’s a beautiful summary by you. I like it.”

Reporter

“Sir, but give us a reaction, in your own words…”

Denys Barrow

“I don’t know that I could improve upon that…quite seriously.”

Eamon Courtenay, Attorney for British Caribbean Bank

Eamon Courtenay

“It was not an overwhelming loss for my clients. As you know first of all it’s a majority decision. From what we have seen, just reading the last part of Justice of Appeal Mendez’s decision. Justice of Appeal Mendez went completely in our favour. He would have upheld…well he did uphold all the submissions that we made so I think that at least we have persuaded Mister Justice Mendez that the arguments that we presented were compelling and convincing. Mr. Justice Awich as I understand it ruled against us on all grounds. We haven’t had a chance of course to read what he has said but Mister Justice Sosa, the President, just concurred with him. So in terms of those who have given reasoned judgments, one was completely in our favour and one was completely against us. So I think the CCJ is going to have to have the final decision on this.”