7 News Belize

Rice Case Going to Court on Christmas Eve
posted (December 23, 2015)

After 6 days of silence from BAHA, importer Jack Charles has decided that he will take the Government to court. That's the decision that the Belize City based businessman made today on the advice of his attorneys. As has been widely reported, he's trying to get his 75 tonnes of Guyanese Rice released from the Big Creek Port in Independence Village.

The Government officials have already explained publicly why they aren't allowing him to freely import Guyanese Rice, but BAHA hasn't put it down in writing. So, this morning, Charles' attorney, Leroy Banner, showed up the Supreme Court to file the lawsuit. Shortly after he delivered the documents to the Registrar, he told the awaiting press what they're asking the court for:

Leroy Banner - Attorney for Jack Charles

"From last week we were trying to get in touch with BAHA to find out exactly what they reason why they have retained our client's container. We have given them ample time, we wrote them, we called them and no on responded to our request to please put in writing the reason as to why the containers are being held. We realize that it's almost been a week now and we decided that they will not give us anything in writing so we file a motion of judicial review to seek the court's permission as to whether or not; so that they can review and look at what BAHA did to see if they were justified in holding Mr. Charles' containers."

Daniel Ortiz

"What is the application?"

Leroy Banner - Attorney for Jack Charles

"It is a judicial review and in law it's just basically asking the Supreme Court to look at what BAHA did and see whether or not they acted lawfully."

Reporter

"So you are not seeking no specific remedy from the court from a part for the court to determine whether or not BAHA had acted lawfully?"

Leroy Banner - Attorney for Jack Charles

"Yes, under judicial review now we're seeking an order of mandamus pretty much compelling BAHA to act; because our position is that they acted unlawfully. One, when they detained the containers and secondly they also acted unlawfully when they refused to release the containers; we pretty much asking the court to compel them to force BAHA to release Mr. Charles' containers."

It is now up to the Supreme Court to decide when this case will be heard, but the importer's camp is hoping to get a date very soon. Tomorrow is the last free day that the Port of Big Creek will store Charles' 3 containers of rice. On Friday, he will have to start paying storage fees to the port, and if he does not, he could risk the shipment of rice being auctioned off, destroyed or being sent back to Santo Tomas, Guatemala.

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