Does Justice Denys Barrow lack impartiality?

Today it was a return match of sorts for two heavyweights before the Court of Appeal.  The Belize Electricity Limited (B.E.L) and the Public Utilities Commission (P.U.C) were squaring off over a previous ruling made by the same court.  B.E.L. is seeking leave for the same court to revisit an oral ruling it gave on October twenty seventh, 2009.  B.E.L. is also requesting the court to hear the application before a written judgment is handed down.  B.E.L.’s gripe is that the Court of Appeal ruling in favour of the P.U.C was made by Justice Denys Barrow whose son, Kimano, is a P.U.C Commissioner.  B.E.L. also argues that the links between Justice Barrow and his son Kimano give rise to a “reasonable apprehension or suspicion that Justice Barrow lacked impartiality” when the ruling was made.  Kimano was appointed commissioner by his uncle PM Dean Barrow.  Affidavits have been submitted by the C.E.O of B.E.L. Lynn Young and from Rene Blanco, B.E.L.’s vice president and Chief Financial Officer.  Both express concern over the presence of Justice Barrow. Blanco in his affidavit also states that Justice Barrow was dominating the proceedings with questions and his statements appeared to be extremely opposed to B.E.L.  B.E.L. has also filed an application seeking conditional leave to appeal to the Privy Council if leave is not granted.  Today, Justices Morrison and Mottley sat along with Justice John Sosa to hear the arguments by B.E.L.’s attorney, Vincent Nelson, QC and the PUC’s Senior Counsel, Derek Courtenay.  Meanwhile, PUC Chairman, John Avery has maintained the position that the law gives them the authority to protect the interests of customers and that includes the right to regulate utility prices.  Up to news time the proceedings were still under full steam. We hope to bring you the final results next week if available.