You probably haven’t heard about the wall at the Fort Street Tourism Village for a long time. And that’s because it’s come down – by strict order of the Supreme Court. But the case was back in court today before the justices of the Appeals Court. Arguments lasted all day with Rodwell Williams and Godfrey Smith appearing for Fort Street and Fred Lumour appearing for Brown Sugar and Harbor View. No decision was taken and they will continue tomorrow. But at the end of it, both outlined their arguments for us.
Godfrey Smith, Attorney for Tourism Village
“Companies like Brown Sugar and others, Harbour View, the principals of Harbour View brought a constitutional application saying that they’re right to work had been infringed by Fort Street Tourism Village and their equal protection by law had been infringed by Fort Street Tourism Village. Basically our response to that is that find you can bring an allegation but you cannot get relief against Fort Street Tourism Village because it is a totally private company, not at all controlled by the government, and if you want to get constitutional relief against an entity, you have to at least show that it is clothed by law with some public powers and we believe that they have not been able to do that.
Here in this case the claimants were saying the walls prevented them or denied them the opportunity of the right to work. Our response to that was that the cruise ship visitors coming to Belize can go onto the streets and enter their properties and buy from them in any event so there is no denial of the opportunity to gain a living or to engage in a trade.”
Fred Lumor, Attorney for Brown Sugar
“Today we have an appeal trying to convince the court that the Tourism Village, because they’ve been designated a port of entry, and that they can search people when they are going in there, they have what we call coercive power, by searching your body, searching your vehicles, searching your boots, so therefore they have that power and so therefore the court can review whatever they do as part of a constitutional or public law.”
Jacqueline Godwin,
You started off by describing it as an uphill battle. Are you less confident here or just how optimistic you are about a ruling in your favour?
Fred Lumor,
“Well I say an uphill battle because when you’re on your feet and you’re being quizzed by the judges you can have an idea where you’re argument is going and that is why I call it an uphill task.”
Closing arguments will be heard tomorrow. The court may either announce a decision tomorrow or wait until it returns for the next session.
