Last night we told you that high - profile appointee to the Tribunal to Review the Department of the Environment's Decision on the Waterloo Project, Lucy Fleming had bolted - quit unexpectedly only two weeks after she was appointed.
And, as it turns out, not a moment too soon, because yesterday the Ashcroft Alliance fired off the first salvo in what is sure to be a long legal war with the Government of Belize.
It is an application for judicial review of the February 2023 statutory instrument to re-constitute the appeals tribunal. The application argues that it "has been promulgated in bad faith and for the improper purpose of placing" Waterloo "at a disadvantage in an ongoing appeal" and that it is an "arbitrary and unfair exercise of power by the State."
And after that the application comes to Lucy Fleming asking the court for, quote, "A declaration that the Minister's appointment of Mrs. Lucy Fleming as the Private Sector Representative to the appeal Tribunal in circumstances where that individual has publicly opposed the development of the cruise ship industry in Belize… is an act of bad faith, an arbitrary and unfair exercise of ministerial authority, done for an improper purpose." Of course, Fleming stepped down before the application was filed so it will now have to be amended. But it doesn't end there. The Alliance also takes issue with the other ministerial appointee, Professor Terrence Hughes who - the application argues, quote, "is on public record in opposition to dredging and development near reefs." So they are also asking for him to be removed.
The application also argues that the new composition of the tribunal is designed, quote, "for the improper purpose of placing (Waterloo) at a disadvantage in the ongoing appeal. This follows a pattern of introducing special legislation to target companies associated with Lord Michael Ashcroft who is an investor..." end quote.
These are among many arguments against the SI and the appointees made in the 18 page filing. It is accompanied by a 118 page affidavit from Stuart Howard, a Director of Waterloo Holdings.
No date has been given for a hearing, but, government is expected to name a new appointee to the tribunal soon.
