Jeffrey Prosser’s Innovative Communications Corporation and Belize Telecom may have dropped off the radar in Belize, but that does not mean that they have given up on challenging the Government of Belize, under the former (Said Musa) administration, from ousting its directors on the board of Belize Telecommunications Limited – now Belize Telemedia Limited.
Amandala has received information that the United States Court of Appeals for the 11th Circuit in Atlanta, Georgia, issued an opinion on May 28, 2008, following Prosser’s appeal of a decision by Judge Ursula Ungaro of the United States District Court, Southern District of Florida.
One of the central points of discussion is the issue of jurisdiction, and the fact that the US court did not recognize decisions made in the Belize Supreme Court over BTL’s Articles of Association. The appeals body ruled that indeed, the Florida court should have deferred to the Belize decision, as dictated by principles of international comity – where states give respect to decisions in each other’s courts.
An interesting point made in the ruling is that the Florida court abused its discretion in failing to apply legal principles and defer to the Belizean judgment. It goes on to say that the court should have abstained from trying to interpret BTL’s Articles of Association. It agreed with the Belize Court of Appeals ruling that Prosser’s ICC and BT were entitled to keep the two directorships that were taken away by the Said Musa PUP government.
It further went on to say that Prosser’s companies are entitled to damages as a result of wrongful loss of its two directors.
Prosser’s companies had asked for the Government of Belize to pay attorneys’ fees and costs, but at the time the opinion was rendered a decision on the matter had not been taken. However, the US appeals court has now placed the matter of fees and costs back into the hands of the Florida court to determine, “given the pending appeal in the Privy Council” of the Belize Court of Appeals decision.