7 News Belize

The Appearance Of Bias On The Bench?
posted (October 8, 2010)
In March, it caused quite a stir in the judiciary when Justice Of Appeal Denys Barrow was found by his brother judges to have an appearance of bias in a case involving the Public Utilities Commission and Belize Electricity Limited. The suggestion of bias in his case stemmed principally from the fact that his son was a commissioner on the PUC. Well now the highest court in the land may be in for another jolt as Justice Of Appeal Morrisson is being called on the appearance of bias.

The case goes back to the Intelco days when the failed phone company folded and went into receivership. Accountant Cedric Flowers was retained by the Royal Merchant Bank of Trinidad to act as receiver for 25 million dollars in debt. RBTT ended up getting rid of the debt on their own, and Flowers never got his fees as receiver. So he went to the Supreme court asking for relief, and the Justice Awich ruled that the bank owed him 787 thousand US dollars. RBTT appealed and the Court Of Appeals reduced that figure to a mere 32 thousand US dollars - about 4% of the original award.

That's over a million Belize dollars less and now Flowers and his attorney Eamon Courtney are crying foul. They have applied to the Court Of Appeal to set aside the judgment and re-open the appeal because there is an appearance of bias. An affidavit from Flowers filed before the court and made available to 7news alleges that up to 2008 Morrisson had close ties to RBTT - including acting as chairman of RBTT Securities Jamaica and functioning as a member of the board of directors for RBTT Bank Jamaica limited.

Moreover his wife Janet Morrisson is still a Partner in Dunn Cox, the firm that represents RBTT's interests in Jamaica. Flowers concludes in his affidavit that, quote, all that: "gives rise to reasonable apprehension or suspicion that on the part of a fair minded and informed member of the public that Justice of Appeal Morrisson lacked impartiality…" Based on that he asked the court to re-open the appeal so that it can be heard before a new panel of judges.

The matter goes to court ON OCTOBER 20TH. And as with the JUSTICE Barrow case we stress that the judge's impartiality is not in question; the question is whether an average man or woman in the public might think that he is biased. And while he will not sit on that case, Morrison has another major matter coming before him on October 21st. He will hear a request for an injunction to stop the sale of BTL shares. Former Telemedia Chairman Dean Boyce has filed an application for an injunction to stop the government of Belize from selling any shares in BTL.

Notably, the shares go on sale days earlier, on the fifteenth October. And in the case that they are sold before the injunction application is heard, Boyce is asking the court to make it so that proceeds from the sale be paid in to the court in an escrow account. That - Boyce requests - would be held until it is determined whether the nationalization was constitutional. The court had already ruled that it is, but - as with all matters involving the Ashcroft alliance - it is under appeal.

And word is that even the appeal which had been scheduled for this session - is in doubt because reports suggest that possibly three judges have recused themselves from the hearing - leaving the panel without a quorum.

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