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Arguments continued today in the Court of Appeal between lawyers representing Belize Electricity Limited and the Public Utilities Commission respectively over whether there is an appearance of bias by Justice Denys Barrow. As you will recall, last week we told you that the impartiality of Justice of Appeal Barrow was called into question by BEL. Barrow was one of three judges who presided over an appeal of a Supreme Court decision in which BEL lost to the Public Utilities Commission. According to BEL, the decision handed down in October, should be set aside and the matter reheard by judges that do not include Barrow because there is the appearance that Barrow may have been biased in carrying out his duties.

Today, BEL's attorney, Queen's Counsel Vincent Nelson argued that while his client is not questioning Justice Barrow's integrity, they do feel that from the vantage point of a fair-minded and informed person, there is an appearance of bias by Barrow because his son Kimano is a Commissioner of the PUC and it is in the younger Barrow's interest to ensure that the PUC's interests are fulfilled. According to Nelson, given the family ties, Justice Barrow should have recused himself from the panel presiding over the BEL and PUC appeal.

For his part, PUC’s attorney Senior Counsel Derek Courtenay insisted that it is not enough for BEL to establish that PUC Commissioner Kimano Barrow is the son of Justice Barrow. Courtenay contended that BEL must prove how and why the father son relationship gives rise to bias and the apprehension of significant injustice resulting from bias. The PUC also maintained that the matter ended at the last session and rather than having the case reopened for a new hearing, BEL should seek redress through an appeal to the Privy Council.

Both sides finished their submissions this afternoon and the panel of Justices have reserved their decision. Following today's proceedings, BEL's C.E.O. Lynn Young told court reporter Janelle Chanona that this case is bigger than Justice Barrow's recusal.

Lyn Young, CEO – BEL
“If it goes our way then the appeal will be heard by a group of judges that are not having the appearance of bias. If it doesn’t go our way, I believe we are going to appeal further. We will ask for leave to appeal further, mostly to, I think it is going to be the CCJ or it might be the Privy Council but that is what we will do, yeah.”

Janelle Chanona,
“Explain to viewers why you would be prepared to go to such lengths for this matter?”

Lyn Young,
“I think it is a very important matter. The issue is whether or not the PUC has the authority to tell BEL who to do contracts with and also to dictate the conditions of contracts and I’ve worked with BEL when we were run by the government, when we had that kind of thing happening from Ministers of Government and I think everybody in Belize knows the corruption that comes about when people with such wide powers abuse it. So we feel the better situation, and what we’ve seen in other jurisdictions, is that the PUC acts more as an adjudicator where if BEL does a contract with someone, the PUC reviews the contract and the PUC can say no we don’t approve this or they can decide that if you go ahead with that contract, you will bear the cost of it and we won’t allow that you to pass it on in rates. When the PUC takes that role then there are checks and balances in the system.”

The Justices have promised to deliver their decision in the matter before the end of the Court of Appeal's sitting.