For almost 40 years, Froylan Gilharry's company has been operating buses along Belize's Northern route. That is, between the Mexico/Belize border and Belize City. In 2008, an injunction was filed and the Ministry of Transport halted the renewal of bus permits, however they made an agreement with Gilharry to allow him to continue running as usual, despite having an expired license. The Ministry allegedly also agreed to consider the renewal of Gilharry's bus permits once they were accepting applications again. 

In 2011, Transport decided to cancel all existing bus permits, and instead have bus operators, including Gilharry, apply for new ones. Because the Ministry was seemingly disregarding their previous agreement, Gilharry went to court and tried to have these new permits stayed until his bus permit renewal application was considered. The case eventually went to trial while other bus companies applied for and were granted licenses formerly held by Gilharry. After several technicalities, that case was thrown out in the Supreme Court. Several appeals have been made since then, taking the case all the way up to the Caribbean Court of Justice.

Which leads us to today, when the CCJ delivered its final judgement. Gilharry's attorney, Fred Lumor told us what they ruled...

Fred Lumor - Attorney for Gilharry
"Today happily the CCJ in its decision ruled that the transport board did not lawfully and properly consider the renewal application of Mr. Gilharry and also found that the transport board frustrated the legitimate expectation of Mr. Gilharry. Frustration of legitimate expectation simply means that the transport board made a promise to Mr. Gilharry in 2008 that once they start issuing licenses they would consider his renewal application and issue it and they failed to keep that promise and as a result of that Mr. Gilharry has suffered losses. So that is what is referred to as frustration of legitimate expectation. What the court has done is that the court has ordered the government to pay cost to Mr. Gilharry on what is called indemnity basis. It is not something that the court would do normally, cost is usually ordered to be on standard basis, now it is ordered to be on indemnity basis. Cost is ordered in those circumstances on indemnity basis is the court's way of showing disapproval of the conduct in this case of the government or considered that the conduct of the government was abuse of power. So the government is expected to pay cost on indemnity basis from Supreme Court all the way to CCJ but the court has also gone forward that - ordered the government immediately to pay 40,000 dollars towards the cost of Mr. Gilharry. The court unfortunately refused Mr. Gilharry's request that the matter be sent back to the Supreme Court so that the lost he has suffered over the years to be assessed. The position of the CCJ is that the evidence in his application in this case is not sufficient for that to send it back. I propose that given the judgement will open some communication with the government to see what assistance or hand that can be extended to Mr. Gilharry in view of the huge and tremendous loss he has suffered, so this is what happened this morning."

That $40,000 that the Ministry of Transport is to pay Gillharry is an indemnity charge. It's the CCJ showing its dissatisfaction with the way a governmental organization unfairly refused to honor an agreement made with a citizen. The Court did not however, order that damages are to be paid to Gilharry, despite him being unable to operate his bus company these last 6 years. Lumor says that he intends to enter into negotiations with the government to see if he can get them to make up some of money Gilharry has lost.