The Belize Bank has so far demonstrated that it has every intention of zealously guarding its financial interest in the matter of the $33 million Universal Health Services loan, and today its attorney, Andrew Marshalleck of Barrow and Co., showed up in the Supreme Court to ask Justice Michelle Arana’s permission to directly challenge the claimants – the Association of Concerned Belizeans (ACB), the National Trade Union Congress of Belize (NTUCB), the Medical and Dental Officers Union of Belize and Senator Godwin Hulse.
On May 2, hours before the ACB had filed its claim in the Supreme Court, the bank wrote the association a stern and threatening letter, telling them in no uncertain terms that they could face serious financial consequences for challenging the deal between the bank and the Government. The bank went on to tell the ACB that they were meddling in what is none of their business. Despite these warnings, however, the ACB and the other parties in the claim proceeded to pursue legal action.
The claimants did not list the Belize Bank as a defendant, but the bank’s application to join as an interested party came as no surprise to them.
Court sessions were set before Justice Arana for today and tomorrow; however, the case has been adjourned until May 30, after the judge allowed the Belize Bank to join as interested party. That should give Marshalleck enough time to file affidavits for the Belize Bank.
The high point of this morning’s session was an undertaking which Solicitor General Edwin Flowers gave to the court, that the Government would not make any payments on the UHS debt to the Belize Bank until the court has a chance to rule on the matter.
The parties in the case were asking the court for an injunction to restrain the Government from paying the guarantee without first getting permission from the National Assembly. The House meets this Friday, May 18, to ventilate this issue for the very first time.
Appearing this morning for the claimants was attorney Lois Young, SC, along with Opposition Leader and attorney Dean Barrow, SC.
Young also asked the court to allow the ACB to represent 1,537 persons who had signed on to a petition, supporting the Supreme Court action. Justice Arana granted the request.
The claimants say that the Government guarantee of the UHS debt was unlawful, because neither Cabinet nor the National Assembly had approved it, and therefore the Government should not pay it. The Government and the Belize Bank disagree.
The ACB and the other claimants are seeking for three declarations from the court: (1) that the guarantee is unlawful and contrary to the Belize Constitution; (2) that the decision of the Prime Minister to satisfy the guarantee is unlawful, (3) and that the relevant parts of the Constitution and the Finance and Audit (Reform) Act must be complied with for Government to proceed with settling the debt.