Attorney General and Minister of Legal Affairs Anil Nandlall, SC, says financial assistance being prepared for families affected by the MV Barima tragedy is not compensation and must not be treated as an admission of liability by the government.
Speaking on his latest Issues in the News programme, Nandlall said the government has established a legal process to provide financial and other assistance to persons affected by the tragedy, while an independent Commission of Inquiry (CoI) continues its work.
He said the Commission of Inquiry has already begun its work and is expected to start hearings shortly. According to Nandlall, questions of liability and culpability must be determined through that process.
“As I said, wherever the liabilities fall, wherever the culpabilities fall, that is where they will fall. But there is a process that we must await,” Nandlall said.
The Attorney General said President Dr. Irfaan Ali’s HEART initiative to offer immediate and long-term support to persons affected by the disaster.
Nandlall said the government has gone to “great lengths” to ensure there is a fair and transparent legal mechanism in place to guide the support process. He said a team of lawyers has been appointed to develop the framework through which the assistance will be offered.
The legal team is being led by Belizean Senior Counsel Eamon Courtenay and includes Pauline Chase, Ronald Burch-Smith, Kamal Ramkarran and Ganesh Hira. Nandlall said the team has been given a significant mandate by the government.
According to Nandlall, the lawyers have already started working on several legal issues arising from the tragedy. These include replacing legal documents, beginning the administration of estates for persons who died, and protecting the legal interests of beneficiaries.
He said the work also includes dealing with applications to legally declare dead those who remain missing and cannot be found, a process he described as “very technical.” The lawyers are also meeting relatives to gather the information needed to identify beneficiaries and other affected persons.
Nandlall said legal research is ongoing to create the framework and provide advice to the government on recommended financial assistance.
“This is not compensation, is not intended to be compensation,” he said. “The government is not admitting liability here. The government is offering assistance.”
He added that every affected person who is engaged through the process will be advised that they have the right to retain and instruct lawyers of their choice if they wish.
The Attorney General said the initiative includes both short-term and long-term support, along with interim financial assistance.
“This initiative of the government includes long-term and short-term support for the affected persons,” Nandlall said, adding that the government is prepared to offer “interim financial assurance and assistance.”
Nandlall also pushed back against claims that the government is attempting to “hoodwink” affected persons by offering them compensation. He accused some lawyers, who he said are largely associated with opposition political parties, of making reckless allegations against the government.
He alleged that some lawyers were attempting to solicit affected persons as clients through public commentary and social media advice, while not showing evidence that they had been formally retained.
Nandlall said anyone who wishes to sue the government over the tragedy is free to do so and does not have to participate in any of the government’s support initiatives.
He also raised concern about what he described as a potential conflict of interest, alleging that some lawyers are appearing for persons charged with murder while also purporting to represent victims.
