Belize: CCJ grants special leave to bank in matter involving nationalization of telecom company

BELMOPAN, Belize, CMC – The Trinidad-based Caribbean Court of Justice (CCJ) has granted special leave to the British Caribbean Bank Limited (BCBL) to appeal against part of the judgment of a lower court relating to the nationalization of the country’s sole telecommunication company.



In a statement issued in Port of Spain, the CCJ said it had also granted special leave to Dean Boyce in the matter regarding the sale of Belize Telecommunication (TELEMEDIA).



According to the CCJ, the matter was heard via video conference with the BCBL and Boyce appealing “the failure of the Court of Appeal of Belize to grant…relief consequent upon (their) success before the Court…and the refusal of the Court of Appeal to hear the application for such relief”.



“The applications were heard after the Court deemed them fit for hearing during the Court vacation. The CCJ ordered the applicants to file Notices of Appeal on or before 5 September, 2011,” the CCJ statement said.



Attorney Godfrey Smith, who appeared on behalf of Boyce said that his client was seeking three rulings from the CCJ.



“We asked for three things: special leave to have this appealed this matter to CCJ; that was granted, we asked for an injunction restraining any sale or disposal of the shares; that was granted.”



Senior Counsel Lois Young, one of the lawyers representing the Attorney General and the Ministry of Public Utilities in the matter, told reporters “you have to remember that the (Belize) Constitution says 51 per cent (of the shares) remains in the government; so it’s a very small amount of shares that can’t be sold.”



Attorney Eamon Courtenay, who is representing BCBL said that proceeds of the shares, which were sold during the nationalization, are being held in the Central Bank until all the court matters are concluded.



Eamon Courtenay, Attorney for British Caribbean Bank



“The basis on which the Court granted relief to us was that we satisfied them that they ought to exercise their discretion because they saw that there was an arguable case and that relief from the Court of the Caribbean was necessary to protect the interest of the parties.”



Earlier this month, the Belize government confirmed that the BCBL had filed an application before the CCJ seeking an injunction to stop it from passing the Belize Constitution 9th Amendment Bill into law.



In a statement, the Dean Barrow administration said that the Ashcroft Alliance's British Caribbean Bank Limited motion against the Attorney General and the Minister of Public Utilities is also seeking a declaration that the re-acquisition of the telecommunications company, Telemedia by the government is void.



It wants the CCJ to order a return of Telemedia to the Ashcroft Alliance.