7 News Belize

Accountant Cedric Flowers and his attorney Eamon Courtenay have been arguing a most unusual case before the court Of Appeals for the past two days. They are asking the panel of judges to declare that one of their own, Justice of Appeal Dennis Morrison had the appearance of bias when trying a case brought by Flowers. In that suit, Flowers was suing the Royal Bank of Trinidad and Tobago after it ditched him - without compensation - as a receiver when Intelco folded. The Supreme court found that Flowers was entitled to 787 thousand US dollars; but the Court Of Appeals reduced that figure to a mere 32 thousand US dollars - about 4% of the original award.
That's over a million Belize dollars less and Flowers and his attorney Eamon Courtney have made the case that there was an appearance of bias for Justice of Appeal Morrison.
Flowers alleges that up to 2008 Morrison had close ties to RBTT - including acting as chairman of RBTT Securities Jamaica and functioning as a member of the board of directors for RBTT Bank Jamaica limited. Moreover his wife Janet Morrison is still a Partner in Dunn Cox, the firm that represents RBTT's interests in Jamaica.

Courtenay has been arguing that case in the court of appeals for the past two day - and today as arguments ended, he gave us an overview of their claim:â€¦

Eamon Courtney, attorney
"There is a big difference between bias and the appearance of bias. The case of Mr. Flowers is that because of a previous relationship that Justice Morrison had with companies within the RBTT Group he felt that there is a reasonable apprehension that he may have been bias in the case in which he sat as a judge and in which he wrote the decision. Mr. Flowers has no evidence and in deed we made it clear to the court that we are not suggesting at all that there is any actual bias on the part Justice Morrison but the cases do say that if and an informed fair minded person looks at the circumstances and say that there is a possibility - a real possibility of bias then the judgment may be set aside and that is what we were arguing. It is a sensitive case, it's a sensitive matter - Justice Morrison enjoys the highest integrity and a very good reputation and we don't seek to impugn that at all but Mr. Flowers has a grievance."

Jules Vasquez
"Should he have in the opinion of your client recused himself from hearing this case knowing his past direct connection and his wife's active connection with RBTT?"

Eamon Courtney
"The submissions which we made is that there is that appearance and Justice Morrison ought to have at least disclose it to Mr. Flowers and in our view we think he should have recuse himself yes."

The court has reserved judgement. Dr. Elson Kaseke Appeared for RBTT.

Flowers is also asking the Court Of Appeal to consider itself the final court for this case because he cannot afford the hundreds of thousands of dollars it will cost to go to the Privy Council. Courtenay is asking that the court should exercise their powers and re open the caseâ€¦