| Last week Thursday, we told you how the Bar Association of Belize, by majority vote of its members, passed a resolution to make a most unusual application to the Caribbean Court of Justice.
They want the court to give a decision on the eighth amendment to the constitution - even though both parties that brought the case challenging the amendment have settled and told the court - basically - that they want no further action.
Denys Barrow doesn't agree with his bar colleagues. He attended that Wednesday night meeting and tried to convince the membership that this is an unwise course of action. But, despite his best efforts, he was outvoted, and the resolution passed.
So, today, when he had the opportunity, we asked Barrow why the bar was wrong. Here's what he had to say:
Denys Barrow, Attorney for GOB
"The parties, the former shareholders of BTL, the former shareholders of BEL and the Government of Belize have agreed that the case is finished. Money has been paid, the property which has been taken away has been paid for and the parties have agreed that the case should finish. The Bar Association passed a resolution last week deciding that the Bar Association will make an application to the CCJ in this case which the parties have settled concerning all the nationalizations. The Bar wants the CCJ to still give a decision notwithstanding that the case has been settled."
Mike Rudon, Ch5
"Is there any ground for you to object to that?"
Denys Barrow, Attorney for GOB
"At the meeting of the association I presented a paper which set out the reasons why it is entirely inappropriate for them to make that application. Unfortunately for I think political reasons those who were putting forward the resolution rallied their troops and in my view a clear political vote was taken that they should go forward and make this application to the CCJ to allow them as non-parties to say to the CCJ what they think the CCJ should do. I think it is outrageous. I shared that with them. I was voted down and that is it."
"A court is not allowed or will not give what you called a hypothetical or theoretical decision. So the question where the 8th amendment was valid is now any longer before the CCJ. But the Bar Association or the politicians who are behind this move want to have that. I imagine they have some hope that if the CCJ give a decision, the decision will say what they wanted to say and that this will embarrass the government."
Daniel Ortiz
"Is there any real prospect of success of this application from the Bar, since they aren't an interested party in this case?"
Denys Barrow
"My personal view and it is very important that I emphasized this, so I am not seeking to speak for anybody or speak with any authority, but the advice which I try to give them, is that they are wasting their time."
The former shareholders of BTL and BEL, who had sued the Barrow Government, have told the court that they want no further action since the case has been settled.
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