Last night, we told you about the opening arguments in the lawsuits that the UDP's Hugo Patt and Former Prime Minister Dean Barrow have brought against the Briceno Government and the Commission of Inquiry.
Both Patt and Barrow have gone to the Supreme Court to complain against the Commission. They point to what they believe were fatal missteps in the procedure, which have resulted in the violation of their rights to natural justice.
Yesterday was all about Patt and Barrow making their case to Justice Lisa Shoman about how the Commission went about making adverse findings against them and published a final report without allowing them to defend their reputation and integrity.
Justice Shoman has already granted certain declarations and orders that are favorable to Hugo Patt's case. All parties accept that the Commission didn't send him what is known as a "Salmon Letter". That letter would have disclosed certain documents, and it would have allowed him the opportunity to respond to their findings against him. She also granted an order which quashed those parts of the Report from the Commission that injured Patt's reputation and integrity. Those sections will now be redacted.
Today's continuation of the trial was focused on the how much the former Prime Minister and former Deputy Prime Minister should receive in damages.
On Patt's behalf, Dean Barrow submitted that his compensatory award for damages ought to be in the region of $100,000 dollars.
He also asked the judge to grant an additional award for vindicatory damages to Patt, which could go as high as $200,000. Barrow argued that the misconduct of the Commission of Inquiry resulted in conclusions that represented accusations - if not charges - of money laundering and corruption in public life in the sale of lands. He urged the judge that an additional award is required to vindicate Patt's rights.
Naima Barrow was then allowed to make submissions on Dean Barrow's behalf that his award of damages against the Government of Belize should be as high as $450 thousand dollars! Ms Barrow told the court that the Commission's indictment of Former PM Barrow was far more extensive and that the court must be mindful of the public reputation he had prior to the publishing of the Commission's report.
Senior Counsel Douglas Mendez responded to these claims for damages on behalf of the Government of Belize. He stressed that the court should take a far more measured approach.
Additionally, Mendez urged the judge that additional vindicatory damages are not automatic and that the court should focus on the distress and inconvenience caused, and not whether or not what was said was true.
Mendez also submitted that the claimants could have strengthened their case for a bigger sum of damages if they provided evidence that the Commission of Inquiry's accusations were false, but in this case, they did not.
The case has been argued to completion, and Justice Lisa Shoman has indicated to the litigants that she intends to deliver very soon after the Easter break.
