For the past 2 weeks, importer Jack Charles and his advisors have been waiting patiently for their opportunity to get before a Supreme Court Judge. Their position is that Customs and the Belize Agricultural Health Authority overstepped their mandate when they refused to give him a permit import Guyanese Rice.
His attempt to get cheap rice unto store shelves in Belize has sparked a very serious debate about the price of this important staple. But today, he got a very swift and stern slap-down from Justice Sonya Young. The judge simply won't entertain his case.
The hearing was done in chambers, and in the absence of the press. It was expected to be a hotly contested legal battle, but the attorneys exited about 20 minutes after the hearing started. They told us that Justice Young was very clear to Charles that he is trying to use the court to legitimize his illegal action when he imported the rice into Belize without a permit.
Here's our conversation with both sides outside of court:
Leeroy Banner - Attorney for Jack Charles
"The court held that because there was no import permit and that was so important that because the importer did not have that import permit then what he did was unlawful and she would not grant leave to apply for judicial review. She is pretty much saying that you needed the import permit and without that you cannot import the goods into Belize."
Eamon Courtenay, SC - Attorney for Local Rice Producers
"The rice producers who I represent didn't even have to make any argument to the court. The court looked at the application that was filed and it was not properly done and so she said that looking at it, it doesn't even affect our clients even if she were to give permission. So we weren't called upon to make any submissions. Essentially what the government argued, quite rightly in their submissions was that basically the issue that is before the court is an importer who says, "I need a license, I applied for it and didn't get it, I don't care, I'm bringing in my goods notwithstanding the fact that I have not obtained the necessary permit." Then come to court and say I don't have the permit and I want the court to order the importation of a product that requires a license. In effect asking the court to assist him to break the law. The court was very clear that the court is not here to assist anyone in breaking the law and therefore a person who does not have the necessary import permit for the importation of rice will not be allowed to use the court as a basis on which to get some sort of relief."
Daniel Ortiz
"Sir, so would you describe his actions as sort of bullish to just force his way in as best he can?"
Eamon Courtenay, SC - Attorney for Local Rice Producers
"Well I would use the language of the C.E.O. in the Ministry of Agriculture in his affidavit that it was done in defiance of the law. Mr. Charles obviously believes that simply by bringing the product here he would be able to get what he wants, notwithstanding what the law says. I think the big issue here, insofar as my clients are concerned is the decision that the Customs has now taken which is that the product must leave Belize. They are giving them a chance to have the product leave Belize and if they don't do that then the product has to be destroyed."
Daniel Ortiz
"What is the deadline that they've been given to remove this rice?"
Eamon Courtenay, SC - Attorney for Local Rice Producers
"Well as I understand the letter to Mr. Charles, the primary position is that it is to be confiscated and destroyed. They are giving him an opportunity and this was from the 23rd December to take it out and attempt to do something with it. So, Customs once again is bending over backward saying to him listen, you brought this thing in illegally, take it out, we are not going to destroy it. I would think that a week has passed and he has done nothing - I would urge Customs to a dispatch at this stage and I hope that they do."
As you've heard, Charles has been denied in this instance by the Supreme Court. So then, is this outcome simply an affirmation of the Government's protection of the Local Rice producers to the detriment of you, the consumer? We put that question to the attorney for the Local Rice Producers, and here's how he answered it:
Daniel Ortiz
"His idea was or his pitch was "better rice for a cheaper price.""
Eamon Courtenay, SC - Attorney for Local Rice Producers
"Right, and more profits for Jack Charles. Why he didn't finish the sentence? How can somebody in good conscience promote the importation of rice to benefit the rice farmers of Guyana, to make a profit for himself and himself alone, one person and say to hell with the domestic producers of rice. To hell with all the people who are planting, who are milling, who are distributing, all the people who have jobs in the fields, all the people who have jobs in the mills, all the people in the distribution sector, to hell with them. Listen, one has to be honest when one is attempting to be charitable. Mr. Charles wants the people of Belize to believe that he loves them so much that he is going to bring in rice into Belize for sixty-nine cents. Listen, fool di talk but dah noh fool di listen. After he brings in the first few containers for sixty-nine cents, what stops Mr. Charles from taking it up to eighty-nine cents and ninety cents? There is no alternative, right? Mr. Charles says that he is going to bring in rice for twenty percent of the market, what stops him from going to twenty-five? What stops him from going to thirty? Listen, there is nothing charitable about what he was doing. He does not have the interest of the Belizean consumers, he has his pocket as his primary interest. Nobody could quarrel with him with that except that we live in a country where you have a government that has taken a decision with respect to the rice industry, that it is going to safeguard the rice industry as an important contributor to development, to gross domestic product and also to employment."
We spoke with Charles this evening, and he told us that he isn't giving up. As you heard, the rice producers attorney, Eamon Courtenay asserted that Charles has been warned that he must remove the rice, or it will be destroyed. Well, Charles commented on that saying that his letter from BAHA does not make any such order for removal by the Government Agencies. He's offered to send us a copy of that letter as proof, but he was unable to do so this evening because he was away from his office.
He told us that he is not giving up, and he and advisors are reviewing his options.
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