BELIZE-Government releases legal opinion on the controversial Agreement.

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BELIZE-Government releases legal opinion on the controversial Agreement
BELIZE-Government releases legal opinion on the controversial Agreement

BELMOPAN, Belize, CMC – The Belize government says it is aware of what it describes as “numerous defamatory video ads being broadcast by various media stations, regarding a controversial agreement signed with Portico Enterprises Limited, the parent company for Port of Magical Belize, by a senior government minister of the last administration.

In June, Prime Minister John Briceño told reporters that the Agreement, which was reportedly signed by the former economic development minister, Erwin Contreras, without the knowledge of the Dean Barrow government, is now the focus of the Cabinet.

The Agreement was signed on October 1, 2020, between the Ministry of Economic Development and Portico Enterprises.

The 31-page document states, ” The developer has invested directly and indirectly, considerable finances, time, and other resources in and for the conceptual design and preliminary business plan for the development, construction, operation, and management of a cruise ship docking facility, including access channel and other maritime and offshore structures….”.

The Agreement allows for the company “strategically” locate its products in duty-free stores, concession stands, beaches, restaurants, bars, and a hotel of 300 rooms with casinos throughout the terminal and its surroundings.

The project facility is located on the coast of the Belize District, three miles south of the Sibun River, Belize District.

In a statement, the Government said that while it is aware of the “numerous defamatory video ads,” there are also commentaries being put out by “political operatives” of the opposition United Democratic Party (UDP) ”spreading gross misinformation and falsehoods concerning certain members of Cabinet and its deliberations on the matter of the Portico Agreement. “

The Government said that as such, it has decided that it is best that the legal opinion of the Trinidad-based Senior Counsel, Douglas Mendes, concerning the Agreement, provided on May 4, this year, “ be formally released to the public immediately for its perusal.

“To be clear, it was based on the advice of Mr. Mendes that the Cabinet paper concerning the UDP Portico Agreement, and the accompanying draft bill, was prepared and presented to Cabinet in the submitted form.”

The Government said that “among other things, and contrary to the false assertions made by UDP political operatives and broadcast by certain media houses, Mr. Mendes opined that “the Agreement falls within the portfolio of the Minister [Erwin Contreras] who signed the Agreement. . .

“This has two consequences; it supports the view that the Minister (Erwin Contreras) had implied actual authority to enter the Agreement on behalf of the Government and the apparent authority to do so.

Mendes also said that “the Agreement cannot be invalidated on the ground that the Minister (Erwin Contreras) did not have the authority to execute the Agreement on behalf of the Government.”

The Government said that opinion also highlighted specific provisions of the Agreement that should not be given the force of law.

“As is now common knowledge, despite the Mendes opinion, Cabinet nonetheless rejected the requests set out in the paper in the public interest,” the statement added.

The Agreement was leaked to the media in May. Prime Minister Briceño, while expressing disappointment with the leak, said the Government is examining legislation that will give the necessary development concessions to Port Magical Belize.

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