On Friday's news, we told you how the Port of Belize was still trying to prevent its employees, the stevedores, from getting access to those 1.5 million dollars, which the Government released them as an ex gratia payment.
As we told you, the Port initiated its legal challenge to that payout as an application for an injunction restraining the Briceno Administration from paying it out of the Consolidated Revenue Fund because the Government didn't have the parliamentary approval. Well, when that case finally ended up before Justice Lisa Shoman, the Government had already paid that money into CWU's bank account.
Undeterred, the Ashcroft Alliance pressed the court through their attorney, Senior Counsel Godfrey Smith, to focus instead on restraining the Christian Workers Union from disbursing those funds to the stevedores. Persistent and reliable reports to 7News are that the stevedores made a run at that money this weekend.
Since there was technically no court order or injunction stopping them, the stevedores - who were already identified as the primary decision-makers on how this money is to be used - obliged their union reps to continue with the disbursal, and reports were that stevedores were seen lining up at the CWU headquarters on Dean Street in Belize City yesterday, presumably to finalize the transfer of their share of the 1.5 mil into their personal accounts.
All that happened hours before this afternoon's virtual hearing before Justice Shoman. That's when the attorneys for the litigants made an appearance before the court for the start of arguments.
The claimants, Port of Belize and receiver Arturo Vasquez, are being represented by Godfrey Smith and Hector Guerra. The Prime Minister, Public Utilities Minister Michel Chebat, and the Attorney General are being represented by Assistant Solicitor-General Samantha Matute-Tucker. The CWU is being represented by attorneys Darrell Bradley and Magali Perdomo.
While the court was considering the best course of action on how to address this application for an injunction, Bradley informed Justice Shoman that Floyd Neal, the Secretary-General of the CWU, had filed a last-minute affidavit explaining to the court that the Stevedores took over the disbursal process this weekend.
After the judge reviewed that written statement and the supporting copies of cheques issued on the money, she noted that disbursals took place this weekend, despite the fact that the CWU was well aware that her court intended to tackle this matter today.
Senior Counsel Smith was far more descriptive in his characterization of expedited disbursals calling it "disrespect to the court process".
In response, Bradley argued on behalf of the CWU, that as indicated by the secretary-general's sworn statement, certain actions in relation to this money were taken from as far back as February 3. So, he urged the court not to take the view that the union sped up the disbursements to outmaneuver the court and the injunction case.
After hearing, the attorneys on this issue, Justice Shoman granted an interim order which restrains the CWU, its president, or any of its agents from disbursing anymore funds from the 1.5 million dollars. They are to give the court a full accounting of all the funds that have already been handed out. This injunction will last up until March 16, when the court will hear full arguments on whether or not the injunction so remain in place or be lifted.
This evening, Hector Guerra, one of the attorneys representing the claimants, granted the press an impromptu briefing on the details. Here's what he had to say about the weekend activities and the interim order, which sort of seeks to close the barn door long after the horses have bolted:
Hector Guerra - Attorney For the Claimants
"On Friday, there was a hearing in which all parties to this matter were represented by legal counsel. At that hearing, the matter was adjourned until today, and so, all parties - including the CWU - were aware that our clients, PBL and Mr. Vasquez, would have been amending their injunction application to now direct it at the CWU, as a result of the fact that the government had gone ahead to distribute those funds to the CWU. Of course, with that knowledge, it appears - or at least certain representations were made as to the distribution of those funds. That is where Senior Counsel Mr. Smith was coming from in terms of it being disrespect, an affront to justice because CWU knew that an injunction application was pending that sought to enjoin the CWU from distributing those funds. That notwithstanding - and we say appears because there isn't any evidence yet filed before the court to properly put that as a live issue before the court."
Daniel Ortiz
"How would you dissuade right-thinking Belizeans from forming the view that, 'Hey, this was a win for the labor class."
Hector Guerra
"To that, I have this to say. This case is really not about the CWU. It is really about upholding the constitution which is the highest law of the land, and ensuring that any monies which are spent from the public purse, to which all Belizeans - through the taxes we pay - contribute; we're trying to ensure that those monies are only spent with the requisite parliamentary approval. And that is all that this case is about."
This evening, we reached out to CWU President "Mose" Hyde for comment.
He told us, quote, "The judge has ruled and we will comply; that's all we will say for now."
We'll keep following this developing story, and we'll tell you when the case goes back to court in 16 days' time.
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