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Quandary Over SATIIM Judgment
posted (May 28, 2014)

Tonight, there's a bit of a quandary that's surrounding the decision from Justice Michelle Arana in the case where SATIIM and the Buffer Communities were trying to stop US Capital Energy from drilling inside the Sarstoon Temash National Park.

As we told you, both SATIIM and US Capital were claiming victory in that case, and since then, depending on who you ask, the judgment supposedly swings one way or the other. But, now, there is a perfected order from the court, which was recently issued. We've not seen the order ourselves, but those we've spoken to suggests that it shows clearly that the case was decided in US Capital's favour.

Now, a perfected order is supposed to be a distillation of the findings of the court, a simplification of how the case was decided, and it's done after attorneys for all parties have had an opportunity to read, digest and interpret it. It is then signed off on by all the attorneys, and then presented back to the court where the judge weighs in and puts the final touches.

We're told that Eamon Courtenay, wanted the perfected order to include that Justice Arana has found that, as with the precedent of the UN Convention on the Declaration of Indigenous Rights, Government needs to consult and get the approval of Mayan Communities before any drilling or exploration permits can be granted. Our information is that US Capital's attorney, Michael Peyrefitte, refused to sign off on that.

Peyrefitte refused and acting as a sort of referee, we're told, Justice Arana laid out her position that though they should have consulted, in keeping with the convention. They didn't do so, and so Government was at fault there. We're told that the Justice Arana's final order was interpreted that though Government is required to make the best efforts to consult, even if the communities refuse, the Minister responsible can still override the communities' refusal and grant the permits.  That would clearly suggest that the judgment was in favour of US Capital Energy.

We stress though, that we've not seen the perfected order for ourselves, and we intend to query it.

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