This afternoon the Chief Justice declared that Jeffrey Prosser can chair and convene a board of directors meeting at BTL and there's nothing Ashcroft's managers or directors can do to stop him. Even more than that, the Chief Justice says that Ashcroft's managers must supply Prosser with all financial and company records and reports dating back to the 9th of February 2005.
It's a strong judgment, but put in context of all that's happened recently with the Vesting Bill, honestly it's enough to make your head spin. Because, remember, the Vesting Bill was signed into law on Tuesday and when it was, the old BTL, Belize Telecommunications Limited, was stricken from the register of companies, and replaced by Belize Telemedia Limited. And Prosser's action is against Telecommunications, not Telemedia.
So where does all that leave us? That's what we asked Prosser's attorney Lionel Welch today.
Lionel Welch, Attorney for Jeff Prosser
"The judgment means what it says, that the Prosser group can come and have their board meetings, they can have it at the company headquarters or by teleconference and it also means that the BTL Board, the purported board, must also provide all documentation and invoices and all the proper documentations for a meeting to be had."
Jules Vasquez,
But all those things are for a company that no longer exists, the 'Telecommunications' company as of Tuesday has been dissolved, stricken from the registry of companies.
Lionel Welch,
"That is so but I have not yet seen the Act, to look at the Act and see exactly where we can go from here."
Jules Vasquez,
But you would agree that even with this judgment which is clear that Mr. Prosser should have a board meeting and should be empowered to enter and all these things, you will agree that the road ahead is still froth with uncertainty because the company he seeks to be chairman of no longer exists?
Lionel Welch,
"I won't say it is froth with uncertainty. I think the certainty will be a little down the road because that Act is definitely unconstitutional and I think that down the road that declaration will be made and then this judgment will stand, that is the way I see it. So it is still important that we got this judgment today."
Adele Ramos, Amandala Newspaper
"You see any use in trying to have a meeting for a company that no longer exists?"
Lionel Welch,
"I think that we should make an attempt to see if they'll throw us off the compound."
The case had been argued in chambers over some months but the judgement was delivered in open court. BTL was represented by Rodwell Williams.
Speaking of the various controversies that grip BTL, in the summation of his judgement, Chief Justice Conteh stated that, "the….(company's) Articles of Association are flexible enough to accommodate the controversies that have beset BTL."
Of course, and not surprisingly, Utilities Minister Ralph Fonseca said just the opposite in the House of Representatives on Friday when he stated that it's those same articles that have created what he called chaos at BTL. Later on we'll speak to the architect of those articles, Nestor Vasquez as he says that what Fonseca calls chaos is really the sound of the common good being undermined.
