Does G.O.B. Intend to Apply Cost in Election Injunction Appeal?

Interestingly, if the Court of Appeal rules in favor of the Government of Belize, they are entitled to costs. But will the defendants seek costs from Jeremy Enriquez in this public interest case? Some might argue that it would be unfair to impose costs on the claimants. We asked Courtenay about their plans.

 

Eamon Courtenay, Attorney-At-Law

“As a general rule in public law and constitutional law cases, the state, if it wins, does not usually gets cost unless the court is persuaded that the claimants acted wholly unreasonably. That they are persisting in circumstances where the law or the fact are against them and they are still taking up court time. Then an application can be made to say in this particular case there was some unreasonable behavior and we are asking the court to exercise its discretion. I have no instruction by the attorney general to say go after Mr. Enriquez for cost. I will say this, the application to the CCJ was to quote the CCJ, “without merit”. That application was conceived of by Mr. Ramlogan not Mr. Enriquez. There is something called wasted cost which focuses not on the client but the lawyer. That is something that needs to be looked at in this particular matter. Just think about this, there are two members of the National Assembly, Fort George and Pick Stock, how can you stop the elections?”