Independent expert in B.T.L./Speednet case to be replaced

eamon courtenay

Ongoing litigation between Speednet and B.T.L. over the use of infrastructure and interconnection between both telecom companies has been adjourned until late June following a request made by Speednet to seek testimony from a new expert witness.  Last December Smart’s services, including access to the E1 fiber optic network, were interrupted by B.T.L.  Smart accused B.T.L. of violating the Telecommunications Act on the grounds that the nationalized company was abusing its dominant position in the market to repress competition.  Prior to today’s proceedings, in an unprecedented special sitting of the Court of Appeal in January, Chief Justice Abdulai Conteh’s decision to have Speednet reconnected to BTL was upheld.  Eamon Courtenay, Speednet’s lead attorney, explained to News Five today’s hearing.

Eamon Courtenay, Attorney for Speednet

“What happened this morning is that we indicated to the court that on Friday Telemedia gave to us a letter that they had in their possession from quite a few months ago in which the expert that we had engaged and who had produced a witness statement for us, that expert had written to the government offering services to the government and taking certain positions which we felt were inimical to our client’s interest.  The problem with that is that although an expert is suppose to be independent, the expert did not disclose to us at all that he had been in consultation with the people, the Public Utilities Commission and that they had written this letter to government. When we confronted him with it he tried to justify what he had done.  To put it shortly we have very little regard for his credibility, very little regard for his independence and we are very much disappointed that he would do something like this and not explain to us that he had done this.  So we asked the Chief Justice to give us time to engage another expert that is independent and professional and he gave time for that to be done.”

Attorneys for Speednet initially requested two to three weeks in business days to come up with an expert witness to testify on the matter before the Supreme Court but due to scheduling conflicts it was adjourned to June twenty-fourth.