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PUP Petrocaribe Case Losing Steam?
posted (July 28, 2015)
And the PUP's internal dispute may be playing out all the way to the Supreme Court. That's because the braintrust of PUP attorneys who were pushing the Petrocaribe case are reportedly pulling back. It's not confirmed, but the question was raised today when neither law firm of record on the case, Courtney Coye LLP or Marine Parade Chambers appeared in court. Instead, it was attorney Magali Marin-Young, whose firm is not on record, but appeared for the Opposition at today's hearing before Justice Courtney Abel. The case was expected to progress today, but instead, Young had to ask for an adjournment in order for the claimants to get the lawsuit in order. The official reason put forward is that the Government has formally amended the Petrocaribe Loans Act, but the new law hasn't been Gazetted. Young submitted to Justice Abel that the Opposition is unable to make proper amendments to their case to reflect the changes in the new law if the official law is not available as yet.

The attorneys representing the Government and Alba Petrocaribe Belize Limited were asking the court to consider the sanction of striking the case out if the claimants fail to progress with their case at the next adjournment. As a compromise, Justice Abel ordered that a case management conference will be held a few weeks before the new adjourned date, and if the attorney for the claimant is still not ready to move forward with the case, then he will allow submissions as to why he ought to strike it out.

We spoke with the attorneys who represented the litigants from both sides this morning. Here's what they told us:

Jaraad Ysaguirre - Attorney for Prime Minister/AG Ministry
"On the last court occasion, the court had made certain orders for the claimant to amend their submissions and that has not been comply with and so the claimant has come today asking the court for the opportunity for the matter to be adjourned and give them the opportunity to comply with the court orders and the court grant that and give new dates."

Daniel Ortiz
"As far as we understand there should have been some major progress already, but it keeps getting adjourned. Can you talk to us about that?"

Magali Marin-Young, SC - Attorney For the Opposition
"Well I don't know if you are aware - if you've been following the legislative process. The government has not even gazetted the amendment to the Finance and Reform Act. So we don't even have a complete legislative process. So that's one of the reasons it was adjourned as well as other lead members of this team underestimated the time to get ready for trial - had other major cases come up. But we will be ready next time of the hearing."

Daniel Ortiz
"Is the claimant serious about this case and getting it dealt with properly?"

Magali Marin-Young, SC - Attorney For the Opposition
"Yes, the claimant is very serious. This case is a very serious case. This case has major national implications, in terms of spending of public money. So it's very important. It is just supervening events and as you can appreciate the legislative process has not yet been completed."

And while Marin-Young bought some time - she'll have to do a lot more to keep this case on track. Godfrey Smith and Eamon Courtney - are presently not actively involved in the PUP - and informed speculation says - they may not have sustained interest in arguing the case, which is a complex one.

As background, it is of note that Francis Fonseca recently released Smith as National Campaign Manager and Eamon Courtney flatly and publicly rejected an offer to take up the post. Courtney had been part of an advisory group within the PUP - one set up to counsel leader Francis Fonseca - but we are told Fonseca eventually expressed no interest in continuing with the group.

Their absence - along with advisor Andrew Marshalleck - suggests that the case, which was the main platform of the PUP's campaign against the UDP - may be losing critical mass.

But, if it passes the next case management conference, the lawsuit will get a full 2 days of oral arguments on December 1 and 2.

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