Nandlall raps “reckless” claims by opposition-aligned lawyers to families of MV Barima tragedy

Attorney General and Minister of Legal Affairs, Anil Nandlall, has condemned what he describes as “reckless” claims being made by some opposition-aligned lawyers to those impacted by the MV Barima tragedy.

“These lawyers are making reckless, foolish and careless allegations against the government accusing the government of trying to hoodwink these persons in offering them compensation. And the way that they are doing it is also reprehensible,” he highlighted during his programme “Issues in the News” on Tuesday.

“Not only what they are alleging is completely without factual foundation, but the manner in which they are doing it is offensive to all the known cannons of ethics and in breach of their legal obligations under the Legal Practitioners Act…these lawyers are essentially going out there and trying to attract, it’s like they are soliciting and touting these persons to become their clients, and those are criminal offences,” he added.

The Attorney General explained that the government has appointed a team of lawyers, led by Eamon Courtenay of Belize, to determine the modalities relating to financial assistance for the survivors and the victims’ families of the July 18 tragedy.

The team, which includes local practitioners such as Pauline Chase, Ronald Burchsmith, Kamal Ramkarran, and Ganesh Hira, has already done a lot of work in this regard, Nandlall said.

“Replacement of all legal documents, beginning to administer the estates of persons who have died to ensure that the legal interest of their beneficiaries are protected…dealing with applications to declare dead those who are missing and cannot be found. And that’s a very technical process. Meeting with all relatives to take the requisite information in relation to understanding who the beneficiaries are, who the affected persons are; that process is ongoing while the legal research is being done to create the requisite framework and for the legal advice to be given to the government for the government to offer recommended financial assistance,” he outlined.

Nandlall also stressed that the financial assistance “is not compensation” and “is not intended to be compensation”. He further contended that the government is not admitting liability but is offering long-term and short-term support for those affected.

He added that affected persons are entitled to seek their own legal advice, saying that “naturally every person who will be engaged will be advised that they have a right to retain and instruct lawyers of their choice, if they wish”.

However, Nandlall cautioned those persons against falling into traps, noting that “when you see these notifications on Facebook, of giving what purports to be free legal advice and appear to be offering sagacious guidance, it is a wolf in sheep’s clothing, that’s what it is”.

Specifically, he cautioned persons against accepting legal representation arrangements that could ultimately require them to pay lawyers a substantial percentage of their financial assistance or compensation. He pointed to previous cases in which politically aligned lawyers had entered into similar arrangements.

Nandlall also reminded that some of the lawyers offering what could be considered as free legal advice are also representing individuals who have been charged in connection with the deadly ferry accident.

President Dr Irfaan Ali, in announcing the assembly of the team of lawyers to determine financial compensation, had noted that Courtenay brings to this process a wealth of experience as a practitioner of law and as a former Minister of Foreign Affairs and former Attorney General and Minister of Investment and Foreign Trade of his country. In making the announcement, President Ali had emphasised that “this assistance does not constitute compensation for survivors and bereaved families”.

Already, more than $75 million in financial assistance has been distributed to families under the HEART initiative, another support programme announced by President Ali for families and survivors of the tragedy.

Since its official launch back in July, the initiative has coordinated assistance for more than 750 affected persons across Regions One through Ten, providing support ranging from funeral and memorial expenses to housing, education, legal and psychosocial services. The HEART initiative is being led by Lead Coordinator Lieutenant Colonel Dominic Shepherd.