7 News Belize

OCEANA Gets Interim Win
posted (August 24, 2012)
On Wednesday's newscast, we told you about the impending judgment from Justice Legall about Oceana challenge to several off-shore oil drilling contracts.

As we told you, the Government Crown Counsels made a submission to strike out the matter, but the court had to decide on whether the Froyland Gilharry Appeal case applied to this particular one. This would bind the court to rule in Oceana's favor on the strike out application.

Today, Justice Legall ruled that the Gilharry case did apply and the strike out application was refused.

The media spoke to both side on the importance of this judgment.

Here's what they told us:

Audrey Matura-Shepherd - VP, Oceana Belize
"I think what was most important about the ruling is that once and for all we've answered the question whether or not the decision of Gilharry - the principle stated in that case that the public authorities act and by extension the limitations act which is saying that you can put a limit on claims being brought against government in terms of time. This case now says conclusively that that decisions with Gilharry applies to not only judicial review but to all administrative law and just so that people know administrative law is any case where you bring an action against the state where you a citizen or a group and it is a way that democracies work because they want to know that no government could act high handed and do whatever they want without accounting to the people."

"It means that now we will be able to discuss the merits of our case in the judicial system and have a ruling. Not because we won this stage it means we will win the other stage - there are so many legal arguments, so many things that will come out, but of course we are going to court because we are optimistic - we've been advised by some of the best legal experts locally and abroad that there is a viable case here."

Herbert Panton - Crown Counsel, Attorney General Ministry
"The judge is the final arbitrar in these matters. The fact of the matter is that we are in very preliminary stages, we have put the court on notice and our intention next week is to file an additional application to strike out two affidavits that they have filed. This case is in its early stages and there is quite a distance yet to go."

Daniel Ortiz
"Does this strike out affect your case in any way?"

Herbert Panton - Crown Counsel, Attorney General Ministry
"Obviously it has affected our case. We would have wanted to have been done with it today, but fundamentally I think in the end our arguments will be vindicated."

Audrey Matura-Shepherd - VP, Oceana Belize
"We are making sure that there is also the possibility that the court will not only say it is illegal but that they will quash that contract."

Now that Oceana has won this round, the Government Crown Counsels are seeking to have several affidavits from Oceana, which involves their expert witness views on how these oil contracts should have been responsibly issued.

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