Prime Minister Dean Barrow, as Minister of Finance, is being taken to court over what the Opposition says is the unlawful borrowing of two hundred and twenty-eight million dollars of Petrocaribe funds, and the use of an undisclosed portion of that total. The claimant is PAC Chairman Julius Espat and the suit was filed on Tuesday afternoon. The contention is that the loan agreement between G.O.B. and Petrocaribe is not valid since it never went before the House for approval. Espat is basically petitioning the court for a declaration that any use of the funds, absent the approval of the National Assembly, was unlawful according to the Finance and Audit Act. And for that reason, a declaration that G.O.B. does not have the authority or the obligation to repay that loan. Espat is also seeking an injunction restraining the PM from paying that loan to Alba Petrocaribe without an act of the National Assembly, and an injunction restraining Barrow from spending any more of the Petrocaribe money. The Opposition, and PAC Chairman Espat, have been openly critical of the government’s access to and use of more than two hundred million dollars from Petrocaribe. And to prove that their condemnation is not only politically rooted, they’ve put together a team of very eminent attorneys to take this case to the Judiciary.
Julius Espat, Claimant in Lawsuit
“The team is comprised of Mr. Andrew Marshalleck, Mr. Eamon Courtenay, Mr. Godfrey Smith, Ms. Magali Marin-Young, and there’s a larger team including the legal advisor of the Party and other attorneys that have contributed to this. And so we decided that it’s important that we submit the claim so that the Judiciary can highlight to the Belizean people what is lawful or unlawful in this procedure. I am not an attorney but I have been studying this issue for some time since I became the Chairman of the Public Accounts Committee and I’ve read the Constitution. I’ve been reading the Finance and Audit Act and it is quite clear what needs to be done when a loan of this amount is gotten and when you need to spend money and all we are asking is for the law to be followed. And so the attorneys are in full agreement. They have just gone further to look at the technical details of why it is wrong and what needs to be done to rectify it.”
Mike Rudon
“What is it exactly that you are seeking, because you are named as the claimant?”
Julius Espat
“Well, we are seeking to make sure that the Government of Belize, any party that forms the Government of Belize, ultimately follows the law. In this case we are seeking that we have good governance, we are seeking oversight, and we are seeking that there is proper accountability and transparency. We are not challenging the government’s authority as the policy-makers to seek out funds and to also spend those funds. That is not what we are challenging. But if you seek out funds, you need to come to the House to seek approval. If you obtain the funds and start spending it, then you need to come to the House to show them what you are spending it on, who is spending it, and in what quantity and if you are getting value for money.”
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