Civil Appeal #7 of 2009 between the Attorney General of Belize and Barry Bowen on the one hand, and the Landowners Association on the other, began this morning in the Belize Court of Appeal.
The Government and the Attorney General are being represented in the proceedings by Senior Counsel Lois Young. Senior Counsels Eamon Courtenay and Magali Marin-Young are representing Barry Bowen, while the landowners are being represented by attorneys Anthony Sylvester, Jr., and Dickie Bradley.
The Judges of the Court of Appeal are President of the Court, Elliot Motley, Justice Boyd Carey and Justice Dennis Morrison.
In February 2009, the Chief Justice, Dr. Abduli Conteh, ruled that the Government-proposed amendment to section 17 of Belize Constitution was unconstitutional.
The Barrow Government’s amendment to section 17 of the Constitution was part of a widespread package of amendments that were introduced in the House of Representatives in April 2008, about one month after the Government came into office.
Section 17 was only one of twenty-three constitutional amendments that the new government, bolstered and emboldened by its overwhelming parliamentary majority, had proposed. But the most controversial of those amendments was clause #2 at the time, which sought to introduce “preventative detention” into the Constitution.
Strong opposition across the country, however, resulted in the Government’s withdrawing of this proposition.
But another controversial proposition remained in the package of amendments that the government was trying to legislate. This was clause #3, which seeks to prevent certain citizens who own land from having access to the Supreme Court when their land is acquired by Government—they would be denied compensation for the loss of their land.
Such landowners would be persons who have petroleum and other valuable minerals on or under their property.
The Court of Appeal had set June 15 and 16 to hear arguments in the Government’s appeal. Since the Government is the appellate, they get to put their arguments before the Justices of the Appeal Court first.
When their Lordships adjourned the case around 4:30 this evening, the appellate still had much more grounds to cover. They are appealing the Chief Justice’s decision on eight grounds, but thus far were only able to argue three of their grounds for appeal.
Large parts of today’s submission were taken up with questions from the Judges. The Court’s President, Motley, observed that there was no counsel from the Attorney General’s office besides Senior Counsel, Lois Young. President Motley thought that some attorney from the Attorney General’s office should have been present to gain from the experience.
There was a large period of exchange between the Judges and Young-Barrow, who, in arguing a portion of her submission, stated that the Chief Justice, in striking down the Government amendment to section 17 of the Constitution, had gone outside the provisions of the Constitution.
Justice Motley quickly interrupted by stating that: “That is not what the Chief Justice said. The CJ was dealing with the wording of section of 68 and 69. He was relying on the case of Khyrotty v. Attorney General of Mauritius.”
President Motley further stated: “Let us be realistic here. The effect of the Government’s amendment is to deny certain persons access to the courts. Can the parliament pass legislation to deny persons access to the courts?”
Young responded, saying that the parliament can pass any law. But Justice Morrison said, “Only if parliament complies with section 68 and 69 of the Belize Constitution.”
The Government will continue presenting its other grounds of appeal tomorrow. Newly elected President of Belize Landowner Association, Dr. Larry Johnson, was present in court today. Attorney Anthony Sylvester will present the arguments for the landowners, while Senior Counsel Eamon Courtenay will present on behalf of Barry Bowen.