The Association of Concerned Belizeans was back in the Supreme Court today, trying to block government from paying the $33.5 million Universal debt. But it wasn't just the ACB versus the government; it was a very full courtroom. 7 attorneys, 5 of them senior counsels appeared for the various related parties before Justice Michelle Arana. And those with the most to say early on were the Belize Bank attorneys: they are Andrew Marshalleck and imported British barrister Vincent Nelson. They argued that the ACB attorneys, Dean Barrow and Lois Young Barrow should have brought the matter to the Supreme Court as a judicial review motion. Instead they brought it as an administrative order.
It's a matter that Arana had already decided on, but the bank's attorneys have taken that to the Court of Appeals. And this morning they also brought it back to the Supreme Court when extensive and highly technical arguments were made. Those consumed the morning session, and this afternoon, Justice Arana found in favor of the ACB but also somewhat in favor of the bank. Arana said the ACB's procedure was alright, but still, she would wait until the Appeals Court had decided on the matter to go ahead with the actual trial. That puts things back until at least October when the Appeals Court meets again.
We asked Barrow if the judgement seemed overly cautious.
Hon. Dean Barrow, Attorney for ACB
"Obviously the judge is not prepared, I have to frame my words very carefully, to take on this trial at this time and so it is the easiest thing in the world for her to say, well I will wait until after the appeal on what really is a subsidiary point. That is not the fundamental point. In my view, there is no proper basis for delaying the trial of the action, to await the outcome of the appeal on a minor point. So she comes completely out of left field when she says, however you've won on the application to dismiss their application to strike out your claim but because my ruling at the start, that you have proceeded properly, has been appealed by them, let's me wait until that appeal is determined before I go to trial."
Andrew Marshalleck, Attorney for Belize Bank
"The issue is still at large. There is no determination. What it is at the end of the day is a delay in the determination of the issues."
Jules Vasquez,
So what happens next? We have to wait for the Court of Appeals?
Andrew Marshalleck,
"It seems that way."
Jules Vasquez,
And if you all aren't satisfied with the Court of Appeals?
Andrew Marshalleck,
"Then it goes further."
Jules Vasquez,
Is this a case of using technicalities as a delaying tactic by your client?
Andrew Marshalleck,
"No I don't think so."
Jules Vasquez,
Are we seeing delaying tactics, stalling tactics by the Belize Bank?
Hon. Dean Barrow,
"Absolutely. There can be no doubt about that and again the fact that
a Q.C. attorney has been brought from the UK to engage in even the preliminary skirmishes at tremendous cost obviously to the principal of the Belize Bank, this man has the money and so he can play the waiting game endlessly and it does give him an unfair advantage but 'then's the brakes' and we simply have to deal with what's going on."
And what's really going on right now are arbitration proceedings in the United Kingdom. As we've reported, when he signed the settlement deed with the Belize Bank in March, the Prime Minister agreed that any disputes would go to the London Court for International Arbitration. Well, default payments at 17% of the principal started accruing in April. Government hasn't paid, and the bank says that qualifies as a dispute. That position is outlined in affidavit from Belize Bank President Phil Johnson.
