31.1 C
Belize City
Thursday, March 28, 2024

World Down Syndrome Day

Photo: Students and staff of Stella Maris...

BPD awards 3 officers with Women Police of the Year

Photo: (l-r) Myrna Pena, Carmella Cacho, and...

Suicide on the rise!

Photo: Iveth Quintanilla, Mental Health Coordinator by Charles...

Conteh disciplines Montevideo!

GeneralConteh disciplines Montevideo!

Some people have claimed that Fonseca?s orchestration, via two Statutory Instruments in August 2005, were intended to re-install British business mogul, Lord Michael Ashcroft, at the helm of BTL, and to remove him from under the probing lens of public scrutiny.


But today C.J. Conteh declared that what Fonseca did was unlawful, unconstitutional and violated the principles of separation of powers between the Government and the courts.


Conteh?s judgment of 69 pages declares that Fonseca unlawfully deprived Jeffrey Prosser?s Innovative Communication Corporation of the Special Share the company purchased in the Belize Telecommunications Limited for a single dollar from the Government of Belize in March 2004.


In late 2005 Minister Fonseca had gone to the National Assembly to pass new legislation altering the Public Utilities Act (PUC) and the Belize Telecommunications Act. It is Fonseca?s alterations to the PUC Act, from which he later passed two Statutory Instruments, which have raised the ire of the court.


Firstly, under S.I. # 109 of 2005 Fonseca cancelled the Special Share that Prosser?s ICC purchased from the Government. Fonseca used this nullification to unseat two of Jeffrey Prosser?s directors on BTL?s board.


Secondly, C.J. Conteh has taken issue with S.I. #108 of 2005, under which Fonseca attempted to overrule an order Conteh himself made following an application by BTL workers for a full-scale investigation of BTL from 2001 to 2005. Fonseca?s S.I. attempted to alter that court ruling by changing the period of the investigation to March 2004, when Prosser took control of the company from Ashcroft.


Fonseca?s S.I. appointed George Swift to investigate and inquire into lease agreements; the purchase of Intelco assets, payment of management and license fees; and dividend payments by BTL, among other things, but he limited the investigation to Prosser?s reign over BTL.


C.J. Conteh ruled today, Tuesday, September 19, that Hon. Ralph Fonseca, as the Minister of Public Utilities, conferred rights to himself that are incompatible with the Belize Constitution. Conteh pointed to the issue of separation of legislative/executive powers, which the Government holds, from judicial powers, which the court holds.


He indicated that the Minister?s actions under the amended law are inconsistent with certain provisions of the Constitution that protect from arbitrary deprivation of property, and with the constitutional principle of separation of powers.


He added that, ??these powers are hardly distinguishable from expropriation of the Special Share claimed by the claimants,? and said that Fonseca?s powers are insupportable by law.


Fonseca?s S.I. #108 of 2005 changed a previous court ruling ordering an investigation into BTL from April 2001 to February 8, 2005, and called for an investigation only from March 31, 2004. C.J. Conteh affirms that the investigation period of April 2001 to February 8, 2005, remains in effect.


The other S.I. unseated Prosser?s last two directors on BTL?s board – himself and Bobby Lubana. Conteh declared in his ruling that the removal of ICC?s directors appointed with respect to the Special Share, is ?improper and invalid.? He made no clear ruling on what the composition of BTL?s board should be.


Along with the changes Fonseca made to the running of BTL, he also caused new Memorandum and Articles of Association to be filed with the Companies Registry for BTL. These, according to Conteh?s judgment, have been in force since August 26, 2005. Now the Chief Justice has ordered that the new ones should be set aside and that the old Memorandum and Articles of Association should be resurrected.


But the Chief Justice goes further to declare that holding the September 30, 2005 Annual General Meeting without invitation to Prosser and Lubuna representing Special Shareholder, was ?unlawful.?


Last year Prosser?s local attorney, Lionel Welch, had attempted to speak on behalf of ICC at the AGM. He challenged the legality of the meeting, but the then directors refused to hear him.


This year?s AGM had been called for Monday, September 25, 2006, but at press time tonight we are uncertain what effect today?s ruling will have on BTL?s directorship and management.


One interpretation of the ruling is that it restores Prosser?s control over BTL; however, at press time tonight we had no indication whether the parties would seek an appeal of Conteh?s decision.


The claimants in the case are Jeffrey Prosser, Bobby Lubuna, Belize Telecom Ltd., Innovative Communication Corporation, and ICC, LLC. Attorneys Roald Henriques, Q.C., and Hubert Elrington and Lionel Welch represent them.


The defendants are the Attorney General and the Minister of Public Utilities, Hon. Ralph Fonseca, who had been represented during the hearings by the Solicitor General, formerly Elson Kaseke.


Three interested parties are named: Belize Telecommunications Limited, represented by Nigel Plemming, Q.C., and Rodwell Williams, SC; Thiermon Ltd., represented by Lois Young, SC; and the Belize Bank Limited, represented by E. Andrew Marshalleck.


Young and Marshalleck argued that their clients purchased shares in BTL and loaned money to buy shares on the strength of the amending legislation that Fonseca made. They pleaded with the court to uphold the legislation.


?I can only express sympathy for their predicament, if any, but in the light of my findings on the impugned legislation, there is no reason to accede to their request,? Conteh wrote in his judgment.


Conteh?s ruling could now unseat Keith Arnold, former Financial Intelligence Unit Director/Central Bank Governor, from the chairman?s seat at BTL.

Check out our other content

World Down Syndrome Day

Suicide on the rise!

Check out other tags:

International