Govt versus Landowners Assn goes back to court

The well known appeal of the government versus Barry Bowen and the Landowners Association goes back into court on Friday. The C.J. on February thirteenth, 2009 ruled against a proposal by G.O.B. to amend section seventeen of the constitution. That amendment would have not only vested petroleum and other mineral rights on government, but it would also take away rights to access to courts to settle any grievances. Courtenay says that the government’s initial argument was that the Chief Justice was wrong in his original judgment in favor of Bowen and the association. But according to Courtenay, the government’s attorney has now made some allowances in recognition of the C.J.’s original statement.

Eamon Courtenay, Attorney
“The Chief Justice says that the amendment that the government is proposing, namely to vest petroleum and minerals in the government and to bar access to the court to any landowner who believes that his right is being taken away, the Chief Justice says that is unconstitutional. They have appealed to the Court of Appeal and where we are is that the government has made their argument saying that the Chief Justice is wrong. We have adjourned until tomorrow morning because yesterday morning, the attorney for the government came and in effect made a partial concession that a part of what the C.J. has said is correct. It was pointed out to her “Are you sure that is as far as far as you’re going?” And we are adjourned for her to go back to her clients and take further instruction as to whether they are going to make any further concession. If they don’t make any further concession then we’ll have to proceed with the case.”

Government is being represented by Lois Young and the respondents by Anthony Sylvestre, Magali Marin and Eamon Courtenay.