Prime Minister Dean Barrow, today, also criticized a portion of the CCJ’s judgment.
Rt.Hon.Dean Barrow, Prime Minister
“The Ashcroft Alliance could never have expected that they would simply present us at the last minute with these so-called audited liability claims and that we would have swallowed those whole, the court said that and that is why I have a huge problem with the judgment. The court says that and the court suggested what might have happened instead of what the alliance did, what other course they may have pursued but then the court turns around and says never the less while we did not see how government would simply have accepted the figures on the basis of the audit they the court would not bother to go into any analysis of the figures they would accept it. So they could understand why we couldn’t but without more the said they would accept it because they don’t know that these people are other than professional with the greatest possible respect. I think the court completely missed it. It wasn’t just a matter of whether the liabilities put forward represented expenses that were actually incurred, it was a matter of whether even if these were expenses that were actually incurred they were incurred so as to qualify them for reimbursement or extraction in the context of what the settlement agreement provided for and in particular it said the expenses must have been incurred in connection with the compulsory acquisition of Telemedia. The expenses would not be allowable if they were expenses that were already before the tribunal and which the tribunal would have rejected. The court absolutely did not conduct any exercise of that nature, it simply said we are prepared to swallow whole what these people have certified and the logical corollary to that is that the court then in a sense abdicated its function which is to determine were these expenses in connection with the compulsory acquisition, your effort to get your compensation to go to arbitration and that sort of thing. When we looked at the figures we saw things that in our view had occurred well before there was a compulsory acquisition.”