Supreme Court’s 2007 Decision re: PUC vs BEL overturned

Court of Appeal Overturns Supreme Court’s 2007 Decision Relating to PUC’s Authority to Order BEL to Enter into Contracts

Today, on the re-hearing of Belize Electricity Limited’s (BEL) appeal against a decision by Justice Arana in 2007, the Court of Appeal accepted BEL’s arguments, overturned the Supreme Court’s decision and awarded cost to BEL.

In the 2007 decision, Justice Arana asserted the Public Utilities Commission’s (PUC) authority to order BEL to enter into contracts and to dictate the terms of those contracts. The appeal case was heard today by Justices of the Court of Appeal Sosa, Carey and Alleyne.

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Justice of Appeal Denys Barrow returns to private practice

Press Release - Belmopan - 25th January, 2011 - The Government of Belize announces that Justice of Appeal Denys Barrow has decided to return to private practice. He has therefore tendered, to the Governor-General, his resignation from the Court of Appeal with effect from 28th February, 2011.

The Government of Belize thanks Justice Barrow for the services he rendered to the Court and the Country during his tenure, and wishes him well in his return to the private Bar.

A statement from Justice Barrow is below:

Statement by Denys Barrow on his return to private practice

By letter dated 24th January 2011 I conveyed to His Excellency the Governor General my decision to return to private practice as an attorney at law. The resignation is to take effect from 28th February.

The decision stems from the refusal of the Government of St Lucia to pay pension benefits due to me upon my retirement, two years ago, as a Court of Appeal judge in the Eastern Caribbean. Matters reached the point where I was forced to file a claim on 14th January 2011 against the Government of St Lucia which has been simply ignoring the claim, latterly refusing to even acknowledge receipt of letters of inquiry.

Having returned at the end of 2008 to Belize and to private practice, I later decided I could afford to leave private practice and become a judge in Belize because I treated the expected pension benefits as part of my financial resources. That expectation having been removed, I must now adjust. Hence, my decision to return to practice.

I express my gratitude to the Government of Belize for the honour conferred on me by the appointment. I am especially grateful for the confidence and support members of the public, on both sides of the political divide, expressed on my appointment and during my tenure. It took courage for the Prime Minister, Hon. Dean Barrow, to appoint his brother to the judiciary and no less courage for the Leader of the Opposition, Hon. John Briceno, to support that appointment. I salute them.

I am confident that the Court of Appeal under its new President, the Honourable Manuel Sosa, with the support of its new member, the Honourable Sir Brian Alleyne, and its newly re-appointed member, the Honourable Dennis Morrison, will continue to provide satisfaction to the nation in delivering justice.

Denys Barrow SC - 25th January 2011

Justice Manuel Sosa Sworn in as president of the Court of Appeal

Justice Manuel Sosa sworn in as President of the Court of Appeal
Belmopan, 3rd January, 2011 Justice Manuel Sosa was today sworn in as President of the Court of Appeal by the Governor General, Sir Colville Young, at Belize House, Belmopan.

Witnessing the swearing-in ceremony was the Attorney General, Hon B. Q. Pitts.
Justice Sosa succeeds Justice Elliot Mottley who resigned as President of the Court of Appeal at the end of December 2010.

Justice Sosa’s distinguished legal career spans some 34 years. He was first called to the Bar in 1976 after qualifying from the Norman Manley Law School, Jamaica, where he received the award of the Most Outstanding Student.

He pursued private law practice in Belize from 1976 to 1998 and was elevated to Senior Counsel in 1988. He also held the positions of President and Vice President of the Bar Association and served on both the Bar Committee and the General Legal Counsel.
Justice Sosa was appointed as a temporary Justice of the Supreme Court of Belize in 1993 and a substantive Justice in 1998. The same year he was awarded the honour of the Commander of the Most Excellent Order of the British Empire (CBE) by Her Majesty the Queen.

Justice Sosa served as the Chief Justice of Belize for a short period in late 1998 before being appointed as a Justice of the Court of Appeal in early 1999. During the last 10 years, he presided over appeals heard by the Court of Appeal on several occasions. He is highly regarded in the profession for his legal acumen and meticulousness.

Justice Sosa was born in Corozal Town and is now 60 years old. He is married to Mrs Elba Sosa nee Rosado and is the father of three children.

Justice Sosa is the first Belizean President of the Court of Appeal. Other Judges of the Court of Appeal are Justice Denys Barrow, Justice Dennis Morrison and Justice Brian Alleyne.