7 News Belize

OCEANA VS. GOB To Be Decided In Court
posted (August 22, 2012)
If you've been keeping up with the news, you may know about Oceana Belize's Supreme Court challenge to several of the offshore oil drilling contracts which Government issued in 2007.

A month ago, Justice Oswell Legall, adjourned it to allow time for both sides to prepare their arguments for a strike out application from the Government Crown Counsel.

But, Oceana quoted a recent judgment from the Court of Appeal on the Froyland Gilharry case as being similar to this claim, which - if it is - would force Justice Legall to rule in their favor.

So today, they came back to court armed with their submissions about whether or not the Gilharry case is a precedent.

After the hearing, the media spoke to both sides about what this decision could mean for the case.

Here's what they told us:

Herbert Panton - Crown Counsel, Attorney General Ministry
"This morning was submissions on whether or not that decision Court of Appeal decision applies to this case. And of course, it is our submission that the Court of Appeal Decision Does not apply."

Daniel Ortiz
"So, that means that the strike out application has not been heard as yet?"

Herbert Panton
"Well this is in the process of hearing the application to strike out. If in fact the judge rules that the Court of Appeal decision does not apply, the matter will then be struck out."

Herbert Panton
"Fundamentally, the Court of Appeal decision says that the Public Authorities Protection Act, which is a piece of legislation that says that you must give a public body 30 days' notice before you bring an action. The Court of Appeal decision says that the Public Authorities Protection Act does not apply to Judicial Review Proceedings. This matter before us - this Oceana claim - is not a Judicial Review Proceeding. That is our fundamental position. So, the Public Authorities Protection Act does apply, and so the one month notice ought to be given, and under those circumstances the Limitation Act applies. And the Limitation Act says that you must bring an action within 1 year from the date when your right to bring that action came forth. If you don't bring an action within that 1 year, then the matter ought to be struck out."

Audrey Matura-Shepherd - VP, Oceana Belize
"Our position is that the Public Authorities Protection Act does not apply to our case, neither does the limitation act. We relied on the Court of Appeal case of Gilharry. I think that our attorney did a wonderful job of explaining what the ratio of the case is. It's basically that. I think it's left in the judge's hand now. He has to make a decision by Friday."

Audrey Matura - Shepherd
"One of the things that the Government Crown Counsel argued was why didn't we bring this claim earlier. But, if you all go back, remember, no one even knew these existed. Some of these contracts were signed in 2005, some in 2007, some of them - 6 contracts in 1 day. So, it tells you the magnitude of what needs to come out."

Herbert Panton
"In the case of Oceana, these contracts were signed in 2007. Oceana was incorporated in 2009; Oceana brought this claim in 2011. I think we can all do the math there."

Audrey Matura - Shepherd
"People need to recall that when we found out about these contracts, we sought to first dialog with the Government. I think any Civil Society, which we represent, that's what you try to do. And there is a lot of information that was not forthcoming. Those contracts were signed by a different administration. There was a new government. We don't know if that's the stance they would have taken, or if they appreciated the nuances of the law. We didn't know how much they knew. So, we had to give them the benefit of the doubt. If we had just run to court, not being fully informed, not trying to resolve matters, people would have attacked us and said, 'Lord, you all didn't even try a little dialoging.' So I think that we've taken all the rights steps."

Herbert Panton
"He has reserved his judgment for Friday of this week, and we do believe that on that day, our arguments will be vindicated."

If Justice Legall rules in favor of GOB, then the matter will be struck out. If he rules in Oceana's favor, then the matter continues to trial, where the 2007 decisions could be reversed.

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