7 News Belize

PUP and GOB Back To Court of Appeal
posted (May 3, 2019)

And the court case which forced the postponement of the April 10th referendum, turning all of these ballot papers into ash, was the PUP's lawsuit against the Government for the 2008 Special Agreement. 

We reported on that case on Monday, when it went back before Chief Justice Kenneth Benjamin for case management. Lisa Shoman, the attorney for the Government, made an application to have the injunction he granted to the PUP lifted. 

It is currently not restraining the Government from following through with next week Wednesday's referendum, and so the Government considers it a formality that they wanted discharged. The PUP went to court last week to make an objection that the issue is no longer in his jurisdiction to resolve since the two sides have filed an appeal.

They're trying to keep their main case against the Special Agreement alive in the courts. And so, in order to argue their position that the Government did not properly ratify the 2008 Special Agreement, they need the Court of Appeal to set aside the Chief Justice's determination that they don't have an arguable case on that point.

The PUP managed to get an expedited case management hearing for this case before the Appeal Court today. After they discussed the most efficient way to resolve this appeal, we spoke with Shoman outside of court:

Lisa Shoman, SC - Attorney for GOB
"Today was just about setting timelines and deadlines. So, what has been decided is that the court will look to see if they can set this in June. They are looking to see if there is space in the calendar, possibly in the second week that they're sitting to hear us. And then, they've given directions that we're to put in written submissions by the 5th of June."

Reporter
"How does this case affect what's happening before the Chief Justice?"

Lisa Shoman, SC
"Right, well this case needs to be heard before the matter can actually continue before the Chief Justice, and not just heard, but really and truly get a decision. And so, that's going to be the challenge for the Court of Appeal to hear and then to render a decision with or without written judgment as to what it is that their ruling will be. So that, for the Government's side, really, the decision is the ruling of the Chief Justice, and the two questions that he said was serious. For the other side, it is the matter of the 2 serious questions as regarding the constitutionality. So that, those really are preliminary issues before, what is before the Supreme Court. And if that were not complicated enough, on the last occasion we were in court, Mr. Courtenay indicated the court that that they would re, re-amend their form pending the results of next week, clean it up, and put in their thing. Now, just so we understand what that mean, their claim form was amended once. It was amended again, and it has been amended once more. So that, they are trying to square up now, the circumstances on the ground with what they have actually asked the court to look at. So, all of that will remain pending. Of course, in the meantime, next week, May the 8th, International Women's Day will also be referendum day in Belize. Belizeans will go out and vote. I sincerely hope it is at a very high number. I think interest is high, on the vote to decide whether we go to the ICJ or not."

So, as you heard the Court of Appeal intends to hear the appeal sometime in June. Then, either the PUP or the Government can choose to appeal the Court's ruling to the Caribbean Court of Justice. If these preliminary battles get complicated, and the CCJ has to step in, it could take months before the case actually ends up back in front of the Chief Justice for the real start of the PUP's lawsuit. 

We'll keep following this lawsuit closely.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize