Just a few minutes ago – a marathon session of the Court of Appeal
concluded. It had been going since ten this morning. On one side was BTL asking
the court to life an injunction which protected the status quo in all interconnection
matters with SMART and on the other side was SMART asking the court not to interfere
as the matter goes to trial in February. The courtroom emptied out at a few
minutes before 7:30 and here’s what attorneys for both sides told Janelle
Chanona.
Eamon Courtenay, Attorney for SMART
“I think after a full day of arguments the Court of Appeal confirmed
the orders that the Chief Justice made. As you know we had gone to the Chief
Justice on an urgent basis to unsure that Telemedia be restrained from what
we described as abusing the dominant position in the market and the Chief Justice
granted those orders. Telemedia asked the court to come on an urgent basis,
because as you know the court was scheduled to come in March but on the request
of Telemedia the court came and decided to hear the matter today. We argued
fully and the court did not find favour with the appeal that Telemedia lodged 
and so they maintained the position that the status quo must be maintained.”
Rodwell Williams, Attorney for Telemedia
“What has happened here is a situation where they have gone to the
PUC, made a complaint, the PUC is proceeding with that process but at the same
time, they take the same complaint to the court and invite the court to make
orders and adjudication which in our view is what the PUC should be and is in
the process of doing. So I am sure you will recall comments from the PUC that
this is ticklish because you have the court proceeding with the very complaint
which we are seized up and is also proceeding with. But the statute certainly
in our view mandates that where the complaint is made to the PUC, the PUC should
proceed and the PUC is proceeding.
Our position is that Speednet is not foreclosed from going to court but
it should only go to court if way of appeal by decisions of the PUC or by way
of asking for judicial review of any decision the PUC will make. So they are
not prevented from bringing action in court.”
Janelle Chanona,
“But time is money Mr. Rodwell.”
Rodwell Williams,
“Time is money of course but the statute, and this is a statute that
has been in place since 2001 I believe and now we are 9 years beyond in terms
of the regulatory regime established that time is money and so you have a specialized
body to resolve disputes between parties that has powers, similar powers to
the court. In fact our position, what the Court of Appeal had to grapple with,
is the fact that the powers of the court of giving interim relief is limited
to prohibitary injunctions to call on you to stop you from doing so and so;
not mandatory. That is in fact what has happened below and what the Court of
Appeal has in a sense confirmed, having dismissed the appeal.”
So to recap – Telemedia’s appeal has been dismissed and
the full trial will be heard by the chief justice on February 9th and 10th.
They justices flew in just for this hearing, and the judges leave tomorrow.
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