In other news from the Supreme Court, the case of the Barry Bowen and
the Belize Landowners Association Limited versus the Attorney General got underway
this morning. According to lead attorney for the claimants, Eamon Courtenay,
the Barrow administration’s proposed sixth amendment to the Belize Constitution
Bill is a fundamental departure from the constitution and strikes at the heart
of Belize’s democracy.
According to Courtenay while his client does not have an issue with
the government laying claim to valuable substances above or below ground, when
the government seeks to take away private property without compensation, deny
affected persons access to the courts and then judicially determine a case by
legislation, all without a mandate from the people, it, quote, “dilutes,
transgresses and vacillates the constituent powers of the people of Belize,
contravenes of the constitution….and a violation of the Referendum Act.”
And according to one of the country’s largest landowners in the country
Barry Bowen, those facts should strike fear into the heart of every titleholder.
Barry Bowen, Land Owner
“In this specific case every landowner, whether he has 100 square
yards or 100,000 acres, no difference, every landowner is being affected and
I am hoping that the courts will rule that this constitutional change is not
correct and strike it down.”
Janelle Chanona,
You think every landowner realizes what you are saying, what the implication
will be?
Barry Bowen,
“Unfortunately not. I sincerely hope somehow somebody can get the
importance of this thing out to all the landowners. Here are some friends of
us who are landowners, they understand the importance of it but it has never
been publicized and nobody has ever made a big big issue of it but I think it
is very important it becomes that way.”
Janelle Chanona,
Because you’re saying they would take away your right to go to the court
for redress and compensation?
Barry Bowen,
“Absolutely and what’s the difference, why should one Belizean
lose the right to access the courts for any reason. The courts are our ultimate
ultimate guarantee of freedom.”
The case is scheduled to continue on Thursday. Courtenay’s co-counsel
in the case is Magali Marin Young. The government’s case will be presented
by Senior Counsel Lois Young and Phillip Palacio. Submissions on behalf of the
Belize Landowners Association limited will be made by Dickie Bradley, Anthony
Sylvestre and Arthur Saldivar.
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