The Association of Concerned Belizeans is taking the government of Belize to court arguing that the Prime Minister acted illegally when he entered into a guarantee for the $33 million Universal debt. Today the case went to court with dean barrow and Lois Young Barrow appearing for the ACB, Solicitor General Edwin Flowers for the government, and Andrew Marshalleck appearing for the Belize Bank, which has asked to be added as an interested party. The trial is at the preliminary stages, called case management. It's not exactly bombshell material, but while no major sparks flew today, the ACB did get what it calls a victory.
Lois Young Barrow asked Justice Michelle Arana to allow ACB's action to include the loan note and the settlement deed signed by the Prime Minister on March 23rd. Justice Arana agreed and with that and also agreed that the Belize Bank and the government must disclose those documents, and disregard whatever confidentiality agreements they had signed. She also refused the Solicitor General's request for disclosure to be restricted to within the courtroom only.
ACB Attorney Dean Barrow told us that the forced full disclosure is a major victory.
Dean Barrow, Attorney for ACB
"There was ever any doubt that the court would order disclosure, more significant was the application then to restrict the use of the documents after
the disclosure. So certainly for purposes of the media, for purposes of public knowledge, it is extremely consequential that the court has said absolutely not and the court was very strong in saying, 'no no, this is a huge case, there is tremendous public interest, and the people have right to know.' But one way or another I suspect that those documents will make their way into public circulation, especially since the judge has been so strong in saying this really is a monumental public interest case and I think all of us will take our cue from that."
Barrow also discussed the Prime Minister's statement last night. PM Musa said that he never denied government's involvement in the existence of a $12 million loan from the Belize Bank to Universal on March 29th. Of course, while it was never denied; in fact, it never could have been, because it was not disclosed, not even to Cabinet. Barrow discussed that and the fact that the PM will present an affidavit to the court, conflicting with some of the statements made by Belize Bank President Phil Johnson.
Jules Vasquez,
He said that he never lied about it, while you had indicated that he had lied about it.
Dean Barrow, Attorney for ACB
"Well if in all circumstances that additional loan facility being of such critical importance, if in the circumstances the Prime Minister deliberately, and it has to be deliberate, kept knowledge of that from his Cabinet, from the House, from the nation, that has to be a lie of omission. More important, how could the Prime Minister have signed on to such an agreement without the prior authorization of the National Assembly. So it is really two things and I think both are extremely consequential."
Janelle Chanona, News 5
"Is that why you asked for leave to cross-examine these affidavits that will be passed?"
Dean Barrow,
"Oh that's not the least of it, that is not the half of it. Given all that has happened in these proceedings and publicly with respect to this issue, I believe we should really have some fun, to put it mildly, with the Prime Minister under cross examination."
The case management session continues tomorrow as Justice Arana will gather all parties to try and agree on an accelerated date for full hearings. Those parties now include attorney for Universal Health Services Derek Courtenay who has also been added as an interested party.
