Category: Law
CCJ Hears GOB vs. LPG Companies
The Caribbean Court of Justice is currently tackling a constitutional dispute between the Government of Belize and four privately-owned liquified petroleum gas companies. The two-day hearing kicked off today with submissions from the appellants, including the Controller of Supplies, the Minister of Economic Development, and the Attorney General. They are contesting a Court of Appeal decision that ruled the Government of Belize violated the companies’ constitutional rights to work and property by blocking them from importing LPG into Belize. The gas companies involved—Gas Tomza Limited, Western Gas Company Limited, Southern Choice Butane Limited (Zeta Gas), and Belize Western Energy Limited—also filed a cross-appeal on grounds of freedom of association and equal treatment, which they initially failed to prove. Today’s session lasted six hours, with the appellants still presenting their case. Eamon Courtenay, one of the four attorneys representing the Government of Belize, was the first to make his submissions.
Eamon Courtenay, Attorney-At-Law
“We say very firmly that the Court of Appeal was wrong on section seventeen and section three, property issue and section fifteen the right to work. We say that it is clear that is was the intent of parliament to reform the LPG sector by introducing a new regulatory regime and we ask this court to give full faith and confidence to the declared intention by the Parliament. Your honors and you will hear this repeatedly, it was the intent of the government to liberate this sector from the Zaragoza brother oligopoly for reasons proven in evidence and it is critical for the court to appreciate that there is a reality on the ground that existed that caused insecurity on the ground in the supply of LPG to Belize, that caused transfer pricing in that sector, that caused questions about the quality of LPG sold to consumers and there are serious problems about smuggling. These are issues which the legislation sought to address.”
NGC Monopoly Necessary for Financial Sustainability of Project?
As you might remember, in 2021, the government amended the National Liquefied Petroleum Gas Project Act to let other companies import LPG. This change came after the act was initially passed under the former U.D.P. administration. However, the amendment required private companies wanting to import LPG to build an import facility with a storage capacity of one point five million U.S. gallons. CCJ Judge, Justice Peter Jamadar, sought clarity on why such a requirement was necessary. Here’s a snippet of the exchange between Justice Jamadar and Eamon Courtenay.
Eamon Courtenay, Attorney-At-Law
“The difficulty with two hundred and three hundred and a fifteen-thousand-gallon facility is that trucks come in everyday across the border. Everyday permits are applied for, and trucks are coming in over and over and over. One point five million dollars is essential for this project to be successful.”
Justice Peter Jamadar, CCJ Judge
“So the one point five was deemed sufficient to meet your security, supply, your cost analysis, what if a smaller operator said ok you are taking care of Belize, this is enough to meet your needs, I want to do a three hundred, that is adding on to your one point five, I want to be a smaller operator. Why is that problematic if you have already covered with your government?”
Eamon Courtenay, Attorney-At-Law
“One point five is not sufficient it is what will allow the project to work. The country is actually using in excess of fourteen million gallons.”
Justice Peter Jamadar
“So having additional facilities is desirable.”
Eamon Courtenay
“Fourteen million which is roughly one million per month, the need to go through the facility is one point one. If we say somebody can bring in three hundred then one point one will not go through the facility.”
Justice Peter Jamadar
“So you needed to create a monopoly get one point one to make that project a success and anybody who threatened that minimum threshold had to be excluded.”
We will continue to follow the hearing on Wednesday.
Belizean Law Student Receives Five Outstanding Awards
A Belizean first-year law student at the Norman Manley Law School in Jamaica has made history. Ebony Gabourel has become the first student to receive five awards in a single year from the law school. She topped her class of 200 students and was named the Most Outstanding Year One Student for the 2023-2024 academic year. But that’s not all—Gabourel also took home the Michael March Memorial Prize, the Williams McCoy and Palmer Prize, the Justice Courtney Scipio Orr Memorial Prize, and the Justice Dennis Morrison Memorial Prize. Talk about a clean sweep! Gabourel, who is the daughter of Attorney Sharon Pitts and the granddaughter of former Attorney General B. Q. Pitts, shared with us what it meant to achieve these incredible goals, especially while battling a health condition.
Ebony Gabourel, Law Student
“It was a challenge because the law school is a very rigorous program. It’s very intense. And, you know, it always feels like you don’t have enough time in 24 hours in each day. It feels like there’s always, well, there is always a lot to do, always a lot to tackle. So it was quite challenging and I also had a sudden onset health condition that affected my studies quite a lot and made it much more challenging than it already was. Uh, however, with the grace of God, I was able to persevere and just keep going so that I was able to not just complete my year, which is what I set out to do, but to get these awards that I’m very honored to have received. I’m proud as a Belizean and, you know, hope to have made my country very proud by doing so. There are a set of awards for first year students and then there’s a set of awards for second year students. I, and for the compliment, the compliment, full compliment of students at the law school. And, um, as far as I know, I know that I was the, at least for this academic year that I was speaking about, I received the most award of the students who received the most awards that have been received. It does raise a bar higher from me to myself. I think, honestly, I’m my biggest critic. And so I tend to be reluctant to celebrate achievements when like, The job is not done, so to speak, because the job I set out to achieve is completing the entire program and receiving my CLE at the end of it.”
Inventor Andre Gray Sues Channel 7 and Love FM for Defamation
Andre Gray has filed a defamation lawsuit against two media houses in Belize City: Tropical Vision (Channel 7) and RSV Limited (Love FM). Gray, known for his various inventions, is seeking damages for defamation and falsehood. He claims that several televised programs, including news segments and viral social media posts, have defamed him. Viewers might remember that when Gray visited Belize in January 2023, his credibility as an inventor was questioned. Reporters from both media houses tried to expose him as a fraud. Through his attorney, Gray is suing for damages, special damages, punitive damages, costs, and any other relief from the High Court.
Jeremy Enriquez Redistricting Hearing Now in Court of Appeal
Jeremy Enriquez may have lost his case against the government at the High Court, but he’s not giving up on stopping the March twelfth general election. He has filed an appeal, and today the Court of Appeal held a virtual case management hearing to set dates for filing affidavits and responses. The court will then schedule a hearing date. With March twelfth fast approaching, it’s uncertain whether the court will have enough time to hear the appeal and make a ruling. We’ll have to wait and see what happens this week and next Tuesday. Today’s hearing lasted fifty minutes and was presided over by Justices Minnet Hafiz-Bertram, Michelle Arana, and Peter Foster. Senior Counsel Eamon Courtney represented the Attorney General, while Senior Counsel Godfrey Smith represented the Elections and Boundaries Commission. Senior Counsel Anand Ramlogan and Co-Senior Counsel Hubert Elrington appeared for Jeremy Enriquez. We’ll keep following this story.
AG Commits to Increased Security Measures for Magistrates
Last week, we reported that a magistrate in Punta Gorda was physically attacked by a suspect while on the bench. This incident has sparked serious security concerns. Tonight, Attorney General Anthony Sylvestre is pledging to implement stronger security measures.
Anthony Sylvestre, Attorney General
“I had a couple meetings last week with the current Chief Magistrate, the Chief Magistrate who use to assume the position, as well as with the magistrate in Punta Gorda who had to go through that traumatic experience. There is a number of issues we identified, which moving forward will be addressing. One of the things coming out of that is how virtual hearing could be effective in dealing with this. So, it is not every defendant who we need to come to court physically. You have a defendant who may be at the prison, so and adjournment could be taken. A trial, if the persons so agrees. We discussed a number of ways to mitigate and minimize incidents like that. That incident is regrettable and unfortunate. There were a number of police officers in the court at the time, I am not quite sure additionally what could have been done. But I say it si regrettable, unfortunate and I commiserate with he Magistrate for that.”
Police Unable to Spare Resources for Increased Court Security
Today, when asked if he could spare officers for the Magistrates Court, the Commissioner of Police suggested hiring security guards to assist the police. Williams explained that the department’s resources are already stretched thin, and the lower court isn’t as high a priority as the High Court.
Chester Williams, Commissioner of Police
“We do have a number of police officer working at the Magistrate court. We don’t provide security for the Magistrates Court as we do for the High Court. I tis a very tough one because we are really constrained with police officer. Everybody wants police and we only have so much. We have some areas of concern where we must maintain our presence. Mr. Romero, I don’t know how he is doing right now, but he must be good at playing chess. He has to constantly be moving people around to meet the policing demands. We cant wait until the next recruit squad to come out to complement some areas. We have the police station in Trial Farm that has been completed. We have to find police to man that station. We do have increase of number in Bella Vista, Teakettle. We are putting a police station in Teakettle. It is a lot. I cant really promise but I would advise they hire security to assist police in that area.”
Four Attorneys Elevated to Senior Counsel Status
Four distinguished attorneys have been elevated to Senior Counsel, a recognition that many say was long overdue. These legal professionals have dedicated over two decades to the field, and with this new title comes a greater responsibility to uphold integrity, professionalism, and ethical leadership. The elevation also means they can charge higher fees and enjoy increased respect from both the bench and their colleagues at the bar. News Five’s Paul Lopez attended the Special Sitting of the High Court and filed this report.
Paul Lopez, Reporting
Chief Justice Louise Blenman and the Senior Courts of Belize held a special sitting to celebrate the elevation of four distinguished attorneys to the status of Senior Counsel. Congratulations to Melissa Balderamos-Mahler, Ashanti Arthurs Martin, Priscilla Jennifer Banner, and Attorney General Anthony Sylvestre on this well-deserved honor.
Chief Justice Louise Esther Blenman
“This multifaceted position demands not only your continued understanding of the law, but exceptional leadership, analytic skill and communication to safeguard your client’s interest which you are called upon to defend, while upholding the constitution and serving as a steadfast guarding of justice. You are expected to continue to lead the profession with integrity, intellectual rigor, compassion, kindness, dedication, and humility.”
Senior Counsels Edwin Flowers and Eamon Courtenay were on hand to speak on behalf of the newly elevated attorneys. Flowers praised the dedication and hard work of Melissa Balderamos-Mahler and Anthony Sylvestre, while Courtenay highlighted the achievements of Priscilla Banner and Ashanti Martin.
Eamon Courtenay, Attorney-At-Law
“They must understand there is an new begging, a new beginning between their relationship and the bench. They will be looked at and spoken to and the expectations from the bench will be different. Ti is a new beginning with other colleagues from the bar. The elevation signals that they have distinguished themselves and they will be expected to behave as senior counsel and the public will expect them to behave as senior counsels. You will no longer wear what is referred to the English as suffered robe with that pocket on the left at the back. That pocket was used by junior counsel so that they could be paid as they walk along the streets by the client. That money was put in their and these two strings would hold so that it does not fall off. You will now wear silk.”
Each of the four newly elevated attorneys had the chance to address the bench and express their heartfelt gratitude. Attorney General, now Senior Counsel Anthony Sylvestre, became emotional as he shared that he lost his mother exactly ten years ago on this very day.
Anthony Sylvestre, Attorney General
“This moment where I have come, coming of age in the 1990’s when gang warfare emerged and started to engulf the streets of Belize. There is no doubt that I would not have been here, and this could not have been possible without the many intersection of the heavenly father. As you would have witnessed it was an emotional time for me, a very emotional moment. As I related the twenty-seventh actually marks the tenth year of the passing of my mother and as I related as well, it so happened that at the time I could the news I was in the precinct of the court downstairs. So, who could have imagined ten years later I would be in the same place , at the same time, literally, being elevated to the Senior Counsel status.”
Paul Lopez
“Does this mean your fees as a public official increase.”
“No, no the fees remains the same. One of the things is that as attorney general it is service to the public and it is to be accepted that service to the public differs than if you are working in private practice.”
We also heard from the newly minted Senior Counsel, Priscilla Banner. She expressed her heartfelt gratitude and pointed out that it had been eight years since the last elevation ceremony. Banner acknowledged that there are many other deserving attorneys who should also be elevated to Senior Counsel.
Priscilla Banner, Attorney-At-Law
“An attorney has a lot of responsibility to their clients, to the court, to ensure the court can trust the way you present yourself and the cases that you argue. They have a responsibility to their clients, to ensure they treat their clients reasonable, but the integrity in the profession is foundational. And I can count at least five to ten attorneys right now who has not been elevated and it is time for them to be elevated. It has been a long time and I trust that going forward these elevations will occur more frequently so that those persons who should be elevated are recognized by the courts.”
Reporting for News Five, I am Paul Lopez
Prisoner Attacks Court Magistrate in Punta Gorda
This morning, chaos broke out at the Punta Gorda Magistrate’s Court when a prisoner allegedly attacked the Resident Magistrate, Sashawna Jody-Ann Thompson. The accused, Mason Kelly, who has a history of serious offenses, including burglary, assaulting a police officer, and attempted murder, reportedly lashed out during his court appearance. Kelly, who recently completed a fifteen-year sentence for attempted murder, was in court facing new charges. Magistrates have long voiced their worries about the lack of security at district courts, but they feel their concerns have fallen on deaf ears. Many believe that out-district magistrates are left to fend for themselves without proper security measures in place.