Smith is also the Attorney for the Ashcroft Alliance - and is representing the Port of Belize and Waterloo investments in its ongoing, multi-tiered dispute with the government.
On Wednesday he sent a letter to BTL Chairman Mark Lizarraga asking him to recuse himself from the Department of the Environment's Appeals Tribunal - where he is a government representative. That's the one hearing Waterloo's Appeal of the decision not to grant environmental clearance for its Cruise Ship Port and Cargo Expansion Project.
The Ashcroft Alliance had also successfully objected to the previous two government appointed members. Smith told us why they are now objecting to Lizarraga:
Godfrey Smith, Attorney for Waterloo
"This issue of Waterloo's appeal to the appeals tribunal has in the past 2 months taken on gigantic proportions, not owing to anything Waterloo has done, but owing to the diligence and investigative abilities of you media houses. You've brought out a lot of things which suggest to Waterloo that the deck was always stacked against it."
"We believe that the tribunal process is part of that stacking of the deck. In case of the most recent selection, my good friend Mr. Markhelm Lizarraga, the point being made is that he is a appointee of the prime minister as a director on the board ot Telemedia. In that position he is appointed as chairperson of the board and is paid a very substantial renumeration for that."
"In the letter which you all have seen, we allege that the prime minister has, because of all the revelations that have come out clearly to be seen having shown a preference for Portico which would place this latest appointee Mr. Lizarraga in our view conflict of interest and in that position, we say it is possible that unconscious bias would creep in, that a reasonable person on the street looking at that scenario would apprehend that there is a chance of bias creeping into his deliberations."
"It's not in Waterloo interest to delay this, but you can't allow it to proceed in a way where you believe its stacked against you and that would mean then you have to take that to the court and have the court rule on it and begin the process all over again. So we're trying to deal with it straight away. It's not in Waterloo interest to delay it."
And, as for the request made to the Chair of the Tribunal by attorney Leslie Mendez yesterday to have interested parties from the community participate in the appeals Tribunal? Smith says Waterloo opposes it:
Jules Vasquez
"What do you make of the letter from Leslie Mendez asking that the community which so vehemently oppose Waterloo, that that community be given a air, if not a voice at the tribunal, although that is not contemplated in the law."
Godfrey Smith, Attorney for Waterloo
"Well as you said, we're lawyers it's not contemplated in the law. So Waterloo will be opposing that application."
