At the beginning of last month, we told you how the Government and Ashcroft Alliance were most likely on their way back to the Caribbean Court of Justice. That's because the Prime Minister and Government says that Lord Michael Ashcroft's claim for 92 million US dollars in legal costs is outrageous and against the spirit of what they agreed to back in 2015.
It's part of the nearly half-a-billion-dollar settlement which was supposed to be end of the fight over BTL. 40% of it was supposed to go to Ashcroft, and 60% was supposed to go into a trust for projects that would be to the benefit of the Belizean people. However, as we showed you last year, The Alliance went to the CCJ and won a judgment saying that they should get 50% instead of 40%. That's because the letter of the settlement was poorly worded, and it did not reflect the Prime Minister's oral agreement with Ashcroft.
So, Belize's portion was lessened by several millions, and now, the Ashcroft Alliance is coming after the rest by claiming the lion's share of it in legal fees. If they have their way, there will only be about 5 million dollars or so for those public projects. The agreement is worded in a way that Ashcroft's legal costs must be paid before that remaining 200+ million dollars can go to Belize.
Well, the Solicitor General has confirmed that the Government has filed an application for the CCJ to interpret a clause in the settlement agreement. Also, they are asking for the Alliance to provide evidence to justify why their legal bills are so high.
Another element of this dispute is that these court costs to Ashcroft were due last week Wednesday, June 28. The government didn't pay, and so it is expected that the Alliance will attempt to get the CCJ to enforce payment against Belize.
So, is the Alliance trying to once again get the better of the Barrow Administration? Last year, we asked that same question to Ashcroft Attorney Eamon Courtenay. Here's what he had to say then, and what the Prime Minister's insistence last month that he will not pay:
FILE: 29th Septenber, 2016_Daniel Ortiz, 7News_
"Would you reject the assertion that your clients managed to pull a fast one to get more money than was agreed to?"
Eamon Courtenay, SC - Attorney for Ashcroft Alliance
"My clients made very clear exactly what it is that it expected to get, 50% of the final award. There was no qualification to that. That is simple and clear. The Government of Belize, the Prime Minister, signed that agreement after having an opportunity to review, to revise, and to propose changes. That agreement that was signed by the Prime Minister, binding the country, is what the Government committed itself to. You cannot, after you sign an agreement, things don't turn out the way you want them to turn out, attempt to re-negotiate, attempt to redraft the agreement. And, I think the court confirmed that today."
FILE: June 2nd, 2017
Rt. Hon. Dean Barrow, Prime Minister
"There is no way this was an agreement to pay any at large sum that the Alliance's imagination could conjure up and so back to the CCJ."
We understand the CCJ has indicated that they may be able to hear the Government's application on Wednesday. That's tentative and the Alliance will also have to agree to that date.
