7 News Belize

No More Mandamus
posted (February 23, 2015)
A month ago, we told you how the grinding season for 2014-2015 sugar crop, or "zafra" started almost 2 months late. That's after the protracted dispute within the Belize Sugar Cane Farmers Association, where the farmers initially accepted the so-called "cane compromise" hammered out by the Prime Minister, then refused it two weeks later, only to then accept it once again, but only after the 55 year old Association splintered.

The pivotal event came when the veteran cane farmer Lucilo Teck sued the Sugar Industries Control Board - asking the court to compel them to declare the season open. But events overtook that hearing, and the season opened anyway on January 27. So his mandamus lawsuit became practically irrelevant. But, Teck wanted the court to make a pronouncement on the extent of the Sugar Board's powers in the case of future industrial disputes between the cane farmers and the factory owners. So, his attorney, Audrey Matura-Shepherd, pressed on with the law suit, even though the season has been opened for 4 weeks.

Well, the case went back to court before Justice Shona Griffith today, and after over 2 hours of arguments, the judge struck the case out of court. 7News was there to get comments from the attorneys for both sides. Here's what they told us:

Rodwell Williams, SC - Attorney for SICB
"On the last occasion, leave was granted for the claimant Mr. Teck to file his fixed date claim form and he so did. And we made an application however, to dismiss/ strike out the case on various grounds which include the view that it was now academic, but which also took the position that there were certain defects that goes to jurisdiction. An additional defect was raised this morning which has to do with the fact that the fix date claim failed to be filed along with a mandatory affidavit setting out certain fundamental facts that goes to jurisdiction. And I believe at the end of the day, the judge was persuaded that she ought to strike the fix date claim out, on the grounds that it failed to comply with the rules of court which then impugn the jurisdiction and she did that. It is struck out and we are to do written submissions on the matter of cost in the next few days."

Audrey Matura-Shepherd - Attorney for Lucilo Teck
"We did not expect a strike out today. We know they had made an application. We were at the point where the judge was going to give us the time to respond to that application and we were very confident that we can win that argument."

So, the lawsuit is done, and it did not go very far, but cane farmer Lucilo Teck and his supporters were pushing the issue against the Sugar Industries Control Board. They claimed that the Executive was misguided about their powers and functions, and that the delay in the crop season could have been avoided if the SICB stepped in at the proper time. So, what does the SICB president think about the end of the case? Well, he said that finally, this oversight body and its members can focus on keeping the crop season going at the pace that it is currently moving:

Gabriel Martinez - Chairman, SICB
"We are very happy that this issue has come to an end. We will now concentrate all our efforts into carry the mandate of the SICB, which is as you know, the industry is moving and we have lots of objectives to meet, so I must say, it's practically over and we need to move on."

Jules Vasquez
"However, when you look at it, the entire mandamus thing was a waste of time."

Gabriel Martinez - Chairman, SICB
"Well, I think the efforts could have been concentrated otherwise, to get the crop started at an early time and ensure that most of the sugarcane that is in the fields, the production would have been delivered on time and everybody would have benefit. I am so happy that it came to an end and we can now concentrate our efforts in doing other things that are very important to the industry."

The attorneys for both sides will advise the court on how costs in this lawsuit should be handled.

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