Since Monday evening when BTL held its annual general meeting in contravention of a court ordered injunction - the uproar about it has been heard, from the street corners to the courtrooms. Weighing in today was the Attorney General Francis Fonseca. In interviews with a cross section of media, Fonseca made it clear that BTL may have been legally right, but it was morally wrong.
Hon. Francis Fonseca, Attorney General
"I think Jules that any individual, any corporation, any entity that is given an order by the Supreme Court and knowingly or deliberately chooses to disregard that order or avoid the service of that order on them, should be dealt with in accordance with the laws of Belize.
My understanding is that BTL, its Board of Directors, were legally advised that unless service had been effected on the Board, or at the corporate headquarters of BTL, that there was no legal impediment to them proceeding with the AGM. And so that seems to be the course of action they have taken. I do not believe that was the right course of action. I believe that whether or not they were effectively served with the order of the court, as long as they knew about the order of the court, I believe they should have respected that order and given effect to that order and not hold the AGM.
I believe it would have been the right thing for them to do. If they did not know of the order of the court, and if they had not been served with the order of the court, as it appears is the case, they were not served, they may very well be able to avoid any legal contempt. But certainly I believe in the eyes of many Belizeans they will not be able to avoid ethical contempt. Many people feel that what they did was not ethical and not in keeping really with the spirit of a good corporate citizen.
The point I am making as the Attorney General, because you talked about my wider responsibility, is that I do not think that decision was done in the best interest of the company quite frankly. I think in retrospect they will see that. And certainly not in the best interest of Belize and our justice system."
And while Fonseca was clear on what BTL should have done, he says he also knows what the Leader of the Opposition's law firm Barrow and Williams should do. As we've reported, partner in the firm, Rodwell Williams has been retained to advise BTL on this matter. Well, Fonseca spoke about that advice and what he considers to be its implications.
Hon. Francis Fonseca,
"I think his position is completely compromised on this issue. He has come out claiming to be standing on a position of principle. And if you are
standing on a position of principle, then he must follow those principles as well in his practice. His firm is the legal advisor to BTL on this matter. They had an obligation, I believe, if they knew of the order of the court to advise BTL and the Board of Directors that there was this order and that the AGM should not have proceeded. If BTL decided that they wanted to proceed with the AGM and they wanted to ignore the advice of the lawyers, then the lawyers should do what they always do when clients don't accept their advice: withdraw your legal services."
Jules Vasquez,
The President of the Senate Mr. Phillip Zuniga, not there in his capacity of the President of the Senate, but he is a senior member of the Bar. Should he have realized that this is a disrespect to a court of which he is an officer and should he then have marched out?
Hon. Francis Fonseca,
"As I said from the very beginning that the entire Board of Directors should have recognized and acknowledge the order. So they should have not been any AGM. So obviously what follows from that is that none of them should have been there."
And while Fonseca presumes to speak about what that advice from Rodwell Williams to BTL was, partner Dean Barrow yesterday said that he did not know what it was, and would leave it as a matter between Williams and BTL.
