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Belize Tourism Industry Association
#10 North Park Street, P.O. Box 62
Belize City, Belize
Tel.: 227-1144, Fax: 227-8710, E-mail: admsec@btia.org
For Immediate Release
BTIA Granted Leave for a Judicial Review
-- Belize City, Belize, Wednesday, December 22, 2004 -- The Supreme Court of Belize on Monday, December 20, 2004, handed down the decision for the BTIA to proceed with its action for a Judicial Review of the Carnival Contract, that was signed between the Government of Belize, the Ports of Belize Limited and the Carnival Cruise Lines Limited. "This is certainly a win for the BTIA" said Lucy Fleming.
Monday's ruling in the Supreme Court was only to establish two things; (1) if the BTIA has locus standii to challenge the agreement in court, and (2) if the grounds for the challenges that were presented by the BTIA have merit to go further to a Judicial Review.
In his ruling, Judge Samuel Awich established that the BTIA had the locus standii to challenge the contract. He went on to say that the grounds for challenge as was presented by the BTIA were well laid out. In the end, Judge Awich granted leave to the BTIA, because, as he pointed out, there was no way that the BTIA could have received a copy of the contract before it was leaked to them in early October as all indications proved that the contract was never made public. He pointed out that the BTIA has no grievance with the Government of Belize and in fact has always shared a healthy relationship and consultation in the past with the GOB through the BTB. He went on to say that the BTIA trusted the BTB and the Minister of Tourism to work out an amended clarification agreement and that it was not until it was apparent that after an amended clarification agreement that was signed on November 1st did not address the concerns of the BTIA, the BTIA then filed an application in the Supreme Court on November 10th, 2004 for a Judicial Review.
The BTIA was granted leave by Judge Awich to argue the case on the grounds that the contract was Unlawful as it includes the use of public funds collected and paid out back to BCTL. He also ruled in favor of the BTIA on the ground of Procedural Impropriety as he said that the Government did not consult with the BTB, on which the BTIA holds a seat, prior to the signing of the Agreement on April 29th, 2004.
The BTIA now has ninety days to file its Action to take the matter to the Supreme Court for the Judicial Review Proceedings. The Court is currently hearing the BTIA application for the Injunction which if granted, will inhibit Government from promises to issue any licenses as outlined in the contract until the action for Judicial Review is heard.
For more information about the BTIA Action for Judicial Review, please contact the BTIA at telephone 227-5717, E-Mail: info@btia.org or visit our website at www.btia.org.
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