Earlier this year, the former Directors of Belize Telemedia Limited, BTL, won a judgment that declared them free of responsibility for financing Great Belize Productions to the tune of ten million dollars and divesting it from BTL in 2009 when the Government of Belize was making moves to nationalize the company. BTL sued and won the case in the Supreme Court, but that decision was appealed and the Courts of Appeal disagreed with Supreme Court Justice Samuel Awich’s decision and the judgment was overruled. But now, BTL wants to take the matter to the Caribbean Court of Justice and that leave was granted today. We spoke to Senior Counsel for Great Belize Productions and Michael Young for BTL.
“Quite frankly Belize Telemedia is entitled to carry the matter further, they have chosen to do that. Certainly my clients had hoped that this would have been the end of the road because they enjoy the benefit of an indemnity in the Articles of the company and therefore it’s difficult to understand how it is that Telemedia expects to carry this forward-hope to get a judgment and only to be met with an indemnity that requires the company to indemnify my clients. But they want to go to the CCJ and so we are of course forced to go there.”
“The Court of Appeals made it’s judgment on the basis that there was a deed of indemnity and also there was a clause of indemnity in the Articles of Association that really destroyed the cause of action as against the wrongs that we say were done to the company whilst the company was under the control of the Ashcroft group. So, fundamentally the Court of Appeals upheld their position that the acts were protected by the deed of indemnity and we are challenging the decision of the Court of Appeal which we treat of nonetheless with respect but we differ and are going to the CCJ to say that these wrongs were done the company and even if the deed of indemnity is a shield in relation to those acts it does not extinguish the wrong and does not make clean what was not clean. So we say that in any effect that the wrongs were done the company was injured in a vey substantial way more than $10 million dollars and we maintain that the matter is one which should go to full trial.”
BTL’s attorney, Michael Young, has ninety days to file the case before the Caribbean Court of Justice.