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Apr 22, 2015

G.O.B.’s Attorney Discusses Damages Sought

Government’s attorney, Senior Counsel Denys Barrow, prior to making his submission before the Caribbean Court of Justice earlier today, raised a preliminary objection, stating that there had never been a claim for damages on the part of the applicants.  The damages sought by the Maya Leaders Alliance and the Toledo Alcaldes Association are twofold.  There is a claim for financial losses, as well as moral damages resulting from government’s failure to recognize their entitlement and breach of their constitutional rights.  While the premise of the claimant’s submission revolved around compensation for damages caused when land titles were issued to non-Maya residents, who then proceeded to clear tracts that had already been planted, the government’s position is that it will not pay for the loss of crops or property.

 

Denys Barrow

Denys Barrow, Attorney for Government of Belize

“There are two limbs to the claim which is being made.  There is a claim for what is called pecuniary damages which is to say damages representing the loss of some measurable property, some measurable value.  In this case what they are saying is in Golden Stream, sixty-one thousand dollars worth of crops were damaged and destroyed by a third party, a private individual now dead and they are saying that nonetheless it is the government which should pay for that damage because some Forestry Department officials, some police officers did not stop this man from doing what he did.  They are saying as well that in other villages, not particularly specified, there were other instances of damage done and that monetary compensation should be paid for such damage.  So that is what you call the pecuniary damage.  They are also claiming what they call moral damage or damages because they say that the government, in not giving recognition to their rights before, violated their constitutional rights and treated the Maya less than other persons in the community had been treated and therefore over the last twenty years the failure of government to protect them, demarcate and identify their rights, et cetera and the action of the government in giving licenses, logging concessions, oil exploration permits, et cetera, that these things entitle them to compensation.  The position of the government is that in relation to Golden Stream, a claim should have been brought against the man whom they say did the damage and the question whether the land belonged to that man or to the Maya village needed to have been determined in the course of court proceedings properly brought.  So government says, “Not a penny for that. We did not do anything, we are not even sure if that land was owned by Mr. Johnson as he claimed or owned by Mr. Cal as they claimed.”  So that is something that government should not pay for.”

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4 Responses for “G.O.B.’s Attorney Discusses Damages Sought”

  1. Ricky Malthus says:

    Denys Barrow should just shut up because all he does is to display his unlimited stupidity . The Native Mayans must litigate for Punitive Damages to teach this UDP Barrow administration a lesson not to act in egregious manner in trampling on Belizean rights to enrich their family members.

  2. CEO says:

    You forgot their standard line of of the government that “WE WILL OFFER NO APOLOGIES” to the people we screwed out of their land and rights.

    These people owned that land before there was a paper to print a title on so no they could not have and printed title! They were also there before the British showed up and before there was the Government of Belize existed.

  3. fureal says:

    so Greg and Christina eating and sleeping well while their people still sleeping on mud floors…….now you tell me that is fair?

  4. Belizean says:

    You all are suggesting we stay in a pre civilized era? How can a certain group get this mountain of advantages and the rest of the population suffer, and suffer worse now because a large portion Belize is now gone? Tell me that is fair…

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