The BTL matter is before the courts again - this time it's a special sitting of the Court Of Appeal. The matter is whether Government's acquisition of BTL in August of 2009 was constitutional.
The hearing started on Monday afternoon and should wrap up tomorrow.
The Aschroft Alliance is represented by Eamon Courtenay for the British Caribbean Bank and Godfrey Smith for Dean Boyce of the BTL Employees Trust.
Smith told us what their case is based on - and why it could prove pivotal.
Godfrey Smith - Attorney
"Two prongs to it basically, one: that the acquisition act, the act that empower the minister to acquire Telemedia - that was supposed to provide certain fundamental things, four fundamentals things as stipulated by the constitution. The argument is that the acquisition act did not provide for those things required by the constitution and thus must fall, that's one. Secondly, the argument is essentially that acting under the acquisition order when the minister acquired Telemedia, he was supposed to do it for legitimate purpose, for bona-fide public purposes and he was supposed to exercise fair play in doing that. Our argument is that he didn't do it. The argument is that the purpose for acquiring Telemedia was not to bring any reliability, stability, improvement; it was actually to wrest control of the company from Lord Ashcroft that is an ad hominen attack; it is an improper purpose and therefore unlawful, unconstitutional."
Jules Vasquez
"I know that you have lost this case at the Supreme Court and I gather there are renewed or fortified arguments being made at the higher court. How consequential is it as regards - the events of August 2009?"
Godfrey Smith - Attorney
"Well, hugely consequential. What hangs in the balance is the ownership and control of Telemedia. If our arguments succeed it will mean that that taking was completely null and void because it was based on an act that was unconstitutional. So it's hugely consequential."
Jules Vasquez
"And if the taking was null and void?"
Godfrey Smith - Attorney
"If the taking was null and void then obviously what happened ought not to have happened and has to be reversed."
Attorney for the Government, Lois Young declined comment this afternoon. Court was adjourned this evening after 5:30 - and she will wrap up tomorrow.
We note that a special sitting of the court was convened because the hearing couldn't be held in the October session after three judges recused themselves from the case.
So Government has brought back Justice Boyd Carey to fill the panel with Justices Dennis Morrisson and Brian Alleyne.
