Email

Print

Well, now, the Ashcroft Alliance is applying to the Supreme Court to strike out government's claim and set the injunction aside, while the government wants to make it a permanent injunction. Both sides went before the Chief Justice today where they agreed to simply go to trial on March 13th where they will determine the merits of the claim. We got explanations form attorneys for both sides:...

Eamon Courtenay, SC - BCB, Belize Bank Attorney
"If we did that on an interim basis, it would largely determine the claim itself. So instead of doing in in two stages, we decided to just agree that we would treat this matter on the 13th as the trial of the claim. It either succeeds or it fails."

Jules Vasquez, 7News
"Now how important is it for the government form an existential or operational perspective that in fact the injunction stand and in fact I would imagine that the government wishes that it were made a permanent injunction."

Denys Barrow, SC - GOB Attorney
"It is a very strongly desired attainment for the government. The government wants, and I think, needs (it) as a matter of certainty. I think that is the element it needs as a matter of certainty for this injunction to continue. The Chief Justice has continued it until the adjourned date but the government is seeking when the matter comes back for hearing on the adjourned date to have the injunction granted as a permanent injunction, and as you say it is an existential question."

Reporter
"Sir, what would be the effect if your party or your side wins, ahm, the upcoming level of litigation?"

Eamon Courtenay, SC - BCB, Belize Bank Attorney
"Well all it would mean is that the injunction that they got restraining proceeding to execution would be lifted."

"It would allow them the same thing that they had for years, long before, to try to enforce against any reserves or assets of the country that is available. And I specifically use the word reserves because as you know the Foreign Services Immunities Act bars attachment or execution against reserves, so we can put that to one side, despite what the government is saying that the foreign reserves of Belize are exposed, they are not exposed by law, and therefore it would be anything else."

"And if there are any of those then Belize Bank and Caribbean investments will be entitled to proceed against those."

Reporter
"So, you are not prepared to concede that according to the opposition, they are not pursuing, cannot pursue Belize's foreign reserves whether abroad or otherwise under the Foreign Sovereign Immunities Act?"

Denys Barrow, SC - GOB Attorney
"I don't know about that position at all. They have gotten an order in the United States which allows them to pursue any assets which Belize has in the states. They have gotten that order, already."

Jules Vasquez, 7News
"You all did not appear when the injunction was originally requested and imposed. You simply sent a letter at that time saying that you felt the court had no authority over this matter. Explain to me why you are, why you all are appearing now to have it set aside. Why didn't you appear then?"

Eamon Courtenay, SC - BCB, Belize Bank Attorney
"No, well, the situation then was. ahm first, of all the short notice that was given. I mean we didn't make a formal complaint about that, we felt that government wanted to proceed. Government felt it was urgent, it would be futile for us to have come to court and argue that it wasn't urgent. Government had put forward their reasons why they thought that was so, but we realized that once the injunction was granted, if the judge was persuaded to grant it, that you could apply to have it discharged."

"And that's what they're doing now."

Denys Barrow, SC - GOB Attorney
"What they did on the very first occasion is exactly what you indicated. They did not appear because unbeknownst to us they were appearing at the same hour of the day in the United States seeking to get the very same injunction granted by the US against us that we in a matter of minutes before, had gotten granted against them. So that not having succeeded - the US gambit - they have now decided, ok, they must now contend with the injunction that government got against them in Belize."

Trial is set for Monday March 13th.