Today a special sitting of the Court of Appeal was held to deal with two cases associated with Lord Michael Ashcroft's business empire. The first is case number 12 of 2009, the Belize Bank versus the Association of Concerned Belizeans, the NTUCB, Godwin Hulse, the Medical and Dental Union and others.
The matter is essentially one more(!) motion in the Bank's legal battle to have a court of law find that it is owed the more than thirty-three point five million dollars, which it claims was advanced to Universal Health Services on the strength of a loan note signed with the Musa administration.
Viewers may recall that in April 2009, Supreme Court Justice Minette Hafiz had ruled that that loan note was unlawful, not validly entered into and contrary to the Finance Audit and Reform Act. Hafiz's decision was subsequently upheld by the Court of Appeal in its March sitting.
But never one to back down from a fight to the bitter end, this morning the Belize Bank's attorney Andrew Marshalleck successfully argued for leave to have the dispute heard by the Privy Council in London on the ground that it is entitled as a right to appeal a Court of Appeal decision. Following this morning's developments in the case, Janelle Chanona spoke with Marshalleck.
Janelle Chanona
"Mr. Marshalleck, talk to us about your client's applications this morning for leave to the Privy Council."
Andrew Marshalleck, Attorney for Belize Bank
"Well if you recollect there was a challenge to the lawfulness of certain loan documentation. A loan note in particular made by the ACB and others in relation to facilities extended to UHS and subsequently guaranteed by the Government. Madam Justice Hafiz declared that the loan note was unlawful. The Court of Appeal upheld that ruling and the bank has now obtained leave to appeal against that ruling to the Privy Council. "
Janelle Chanona
"Is your client the Belize Bank intent on collecting the $33.5 million plus interest on this?"
Andrew Marshalleck
"Oh, yes, and that's independent of this, the issues raised by this matter because the claim for the repayment of the money goes well and wide afield of just the issues being considered in the ACB case. "
The ACB, BMDU, NTUCB and Godwin Hulse were represented in the proceedings by Senior Counsel Lois Young and Deanne Barrow. This case will be heard by the Privy Council since only matters filed after June first 2010 will be taken to the Caribbean Court of Justice.
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