Turning now to some important news from last week...
One week ago, we told you how the Central American LPG companies: Gas Tomza, Southern Choice Butane, and Belize Western Energy Limited, lost their first court battle against the Barrow Administration. They are attempting to resist the Government-enforced change in the local market for cooking gas, which we call butane, but is known scientifically as Liquified Petroleum Gas, or LPG.
The LPG companies and their attorneys quickly filed an appeal, and during the course of Tuesday and Wednesday, the judges of the Court of Appeal heard from attorneys for both sides. We understand that the LPG companies offered several grounds of appeal.
From the perspective of the LPG companies, the Acting Chief Justice erred when she found that the balance of convenience is in favor of the government, and when she determined that damages would be an adequate remedy available to the appellants.
We understand that Matura's submissions included detailed information about how the business operations of the LPG companies would be disrupted if their import permits aren't renewed.
Crown Counsel Agassi Finnegan responded on behalf of the Government, and she offered counter-arguments to the points made by the LPG companies.
At around 9:30 on Wednesday night, the Court of Appeal delivered its decision via email. The judges dismissed the appeal from the Central American LPG companies. They also confirmed the ruling from the Acting Chief Justice. On Thursday, during the Ask the Experts Facebook Webcast, Attorney General Michael Peyrefitte briefly discussed the outcome.
Hon. Michael Peyrefitte - Attorney General
"I know the media has been hounding me for an update on one issue. So, if I may just use the opportunity to say, yes, indeed. The Court of Appeal did rule last night [at] around 10 o'clock, which is an unusual time. There was an appeal by some LPG provider, Gas Tomza, and them. They wanted to force the Government to buy their butane. And the Court of Appeal upheld the position that the Government decides who it buys its butane from. You can't force the Government or the people to do what they don't want to do. So, the ruling did come down in favor of the Government. Gas Tomza and them, I think they're being represented by Audrey Matura and Molina, and the Government was represented by Miss Agassi Finnegan. So, If I'm not able to give an interview on that, that's what happened last night officially, because some people do not believe that a judgment was handed down at 10 at night. But, that was the case. We won the case, and we'll see now whether or not Miss Matura and Mr. Molina will try their luck at the Caribbean Court of Justice."
Audrey Matura, attorney for the Central American LPG companies, told us via telephone on Thursday that she is already preparing to seek leave to appeal this second judgment at the Caribbean Court of Justice. She also points out that the substantive case that her clients have brought against the Government is still pending, and she will be pursuing that matter in the Supreme Court for a full hearing in the near future.
Today, her clients issued a press release saying, quote, "April 30, 2020 was the last day we imported LPG. As mandated by the Government of Belize effective May 01, 2020 we have been blocked from importing LPG or butane gas into Belize," end quote.
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