C.J. rules in favour of Barry Bowen/Landowners Assn.
This morning Chief Justice Abdulai Conteh delivered his judgment in the novel case of Barry Bowen and the Landowners Association versus the Government of Belize. At the end of the more than two hour long judgment, Conteh ruled in favour of the claimants and their attorneys, led by Eamon Courtenay. According to the C.J., clause two of GOB’s proposed amendment to section seventeen of the constitution is incompatible with the basic structure of that document as it makes access to the court unavailable, thereby negating the rule of law. A very pleased Barry Bowen and Courtenay spoke to us after the judgment.
Barry Bowen, Won Case Against G.O.B
“I think he’s really got the gist of the whole objection on our part and we’re very happy with his decision.”
Eamon Courtenay, Attorney for Barry Bowen
“I think it was an excellent decision by the Chief Justice. The Chief Justice upheld the arguments we made, which essentially are that the amendment to the constitution, as proposed by the government, cannot be done because it violates the basic structure of the constitution. It violates separation of powers and it violates the rule of law. Kendra, quite simply, what the government was trying to do was to say that your rights to petroleum that are vested in landowners will be vested in the government and then go on to say that anybody wishing to challenge that are barred from coming to court. The effect of the Chief Justice’s decision is to keep the doors of the courthouse open to any Belizean who wants to challenge any fundamental right before the courts. It’s a very important decision in terms of fundamental rights and freedoms. I think the Chief Justice also sent a very strong message to government. He was at pains to say that there wasn’t any bad faith on the part of government and we did not suggest that there was. What he was saying is listen, these things have to be seriously considered, the implications and the ramifications of these types amendments have to be seriously considered before they are done.”
Kendra Griffith
“What happens how?”
Eamon Courtenay
“The Chief Justice, as you heard, did not strike down the provisions and he did not strike it down because he says the government general did not make the bill law. What he did was to declare that if they do, it would be unconstitutional. I will therefore assume that two things will happen, one the government will appeal and secondly, that they will hold the bill from coming into law until the appeal has been determined, that is what I assume is going to happen.”
The ruling was also good news for Ivan Roberts, Secretary of the Landowner’s Association and his lead attorney Dickie Bradley. For both men, the CJ’s ruling is a major victory for democracy.
Dickie Bradley, Attorney for Landowner’s Assn.
“This is a historic and major judgment in favour of our young fledgling democracy of and the sacred nature of our constitution.”
Ivan Roberts, Secretary, Landowner’s Assn.
“I am very pleased of course. It’s not my success, it is the success of the nation. It is sad that the landowners didn’t see the necessity to fight this case and it only took a few of us to do it. What surprises me is my Prime Minister being an attorney and having a whole department of attorneys. Why couldn’t they look at this amendment and say this is not right for our people.”
Dickie Bradley
“What we refer to as our constitution in the country has a whole chapter that deals with the protection of our fundamental rights as citizens. And the Chief Justice’s ruling has now made it quite clear, it’s not a matter for lawyers to argue any more, it is the law, that any part in government, any future party in government even when they have beyond the two thirds or the three quarters majority, they cannot pass any amendment that reduces and derogates and weakens our fundamental rights and freedoms as citizens in our country. This is a major ruling that our constitutional rights are sacred. They are protected.”
The lawyers also had much praise for their legal team whose research helped to clinch the victory. For Courtenay that attorney was Magali Marin Young, while Bradley had assistance from Anthony Sylvestre. The CJ has awarded cost of court to Bowen and the Landowner’s Association. Representing the government was Senior Counsel Lois Young, who says her clients will appeal the ruling.
Also in the Supreme Court today were NICH, Cruise Solutions, and Jaguar Paw. The parties appeared before the C.J. regarding the application for judicial review of the concession agreement signed between NICH and Cruise Solution. The resort is challenging that document, saying it is giving the company an unfair advantage in relation to accessing cruise ship visitors to the Caves Branch site. That matter was adjourned until next Thursday.
