On December 29th, Justice Sam Awich will decide whether to grant an interim injunction against specific clauses of the Carnival contract. Justice Awich informed the court of his decision this morning after hearing arguments from Lois Young Barrow for the BTIA, Elson Kaseke for the government and Melissa Balderamos Mahler for the Tourism Board.
And while BTIA President Lucy Fleming was celebrating yesterday because Awich granted the BTIA leave for judicial review of the controversial contract, a closer examination of the judgment shows that there might not be that much to celebrate about. Awich refused to grant leave for review on nearly all-substantial grounds, including the challenge that the contract is unconstitutional, that government acted unreasonably, that the tax exemptions were too much, and that the framing of the contract was irrational.
And what he did grant leave for judicial review on was whether the handling of the head tax should be subject to the financial orders, and whether government was bound to consult, when it did not. Again, with his ruling, Justice Awich has said that those points are arguable but whether they are winnable will be determined at a later hearing. BTIA's attorney Lois Young Barrow now has 90 days to file the judicial review case. That the BTIA leave for review is limited to these points is significant, because it means that the foundation of the contract is not under argument. And that weakens the BTIA's bargaining position in its hopes to bring Belize Cruise Terminal Limited to the table for a negotiation.
