Just 8 days after taking office, on February 15th the UDP Ministry of Natural Resources issued letters of caution to landowners who had bought property from a King’s Park real estate venture initiated by former Minister and Area Representative Joe Coye. Those letters of caution from the Commissioner of Lands meant that the owners would be well advised to stop developing those lands, until government is satisfied that the transaction to acquire them was legitimate. If not government could well choose to “quitar” them.
Well today that caution was challenged in the Supreme Court. Attorney Godfrey Smith appeared for the developers, Cheop Enterprises and the 30-odd title-holders, asking for leave to apply for judicial review of the decision by the Ministry of Natural Resources. The court granted that leave but did not grant an injunction against the caution. Smith spoke to us about the significance of the case.
Godfrey Smith, Attorney for Cheop Enterprises
“We maintain that the cautions, the freezing of any actions on the land on the part of the government of Belize was illegal and we came to court seeking permission for judicial review. The court granted permission for judicial review because it came to the conclusion that we had made out an arguable case and set the trial date for April 3rd so that we can get into the substantive hearing.”
Jules Vasquez,
However it did not grant the interim injunction against the caution.
Godfrey Smith,
“Well also petitioned for an interim mandatory injunction which would have directed the Registrar to lift the caution. The position of the court was that if we at this interim preliminary stage directs him to lift it, it means the case is settled.”
Jules Vasquez,
In court we heard the Solicitor General’s office say that there was in fact fraud committed against the government of Belize. Speak about the politics of this case, beyond the legal aspect of it.
Godfrey Smith,
“I don’t think at this time I can speak to the politics of this case. I am here representing the legal interests of the applicant in this case and I don’t think it would be fair to engage in politics as it relates to that case.”
Jules Vasquez,
But do you feel those properties are being singled out and thus by extension that your clients are being politically targetted?
Godfrey Smith,
“We believe that based on how the cautions were put in place, they were done absolutely in breach of the people who held the land, absolutely in breach of their rights and in an arbitrary capricious way.”
The case goes to full trial on April third. The development is being undertaken by Cheop Enterprises and its principal Colwyn Flowers. The deal is that those wanting to buy one of the 60 pieces of land, pay Cheop 30 odd thousand dollars and then Cheop pays the government $4,000 for the property. The rest of the money Cheop explains goes into development.
