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BREAKING: General Legal Council Finds Orson Elrington “Guilty of Grave Professional Misconduct”

In a decision dated April 19th, the General Legal Council found attorney Orson “OJ” Elrington of “grave professional misconduct” and in breach of rules 4, 14, and 22, which constitutes grave misconduct. Elrington is being summoned by the Council to a hearing on May 24th to show cause why any of the sanctions set out in the Legal Profession Act should not be imposed on him.

Under that particular section, the Council may recommend to the Chief Justice:

(a) the removal of the attorney’s name from the Roll;

(b) the removal of the attorney from practice on such conditions as the Council may determine;

(d) subjecting the attorney to a reprimand;

(e) the payment by any party of costs or of such sum as the Council may consider a reasonable contribution towards cost;

(f) the payment by the attorney of any such sum by way of restitution as the Council may consider reasonable.

News Five has reached out to Elrington for comment.

Pastor Dozie brought a complaint against Elrington, alleging that Elrington settled a claim without his consent. Dozie claimed he only signed one engagement letter, while Elrington asserted that two were signed, altering the terms of their agreement.

Dozie provided evidence of his position, including original documents and WhatsApp conversations. Elrington failed to produce original engagement letters despite multiple directives to do so. The Council found discrepancies in Elrington’s testimony and noted concerns regarding his reliance on a paralegal to handle client communication and legal matters.

Ultimately, the Council concluded that Elrington breached professional rules and referred the case to the police for further investigation into the authenticity of the disputed engagement letter. This finding highlighted the seriousness of Elrington’s actions and raised questions about his credibility and conduct as an attorney.

In 2023, Dozie retained Elrington as his attorney to file a claim against the Social Security Board which had denied Dozie’s application for survivor’s grant following the passing of his wife in 2021. SSB told Dozie the Social Security (Benefits) Regulations did not make provision for widowers to claim the survivor’s grant that is payable to a widow on the death of a husband. Elrington commenced action against the SSB and the Attorney General. A percentage of any sums recovered to be paid to Elrington was agreed. The percentage agreed is in dispute. “The dispute arises due to Mr Elrington’s assertion that there was a second engagement letter.”

Following negotiations, Elrington collected the settlement sum of $46,588. “He continues to possess that said sum, and has not paid any portion any portion thereof to Pastor Dozie.” (This is at the date of the decision)

In his defence, Elrington claimed that Dozie did not provide him with a bank account to transfer the money.

In December 2023, Dozie emailed Elrington, demanding all funds received from the SBB, including the initial retainer of $1,500. The sums were not paid to Dozie at the time of this decision. Dozie also confirmed that he did not provide Elrington with banking details.

Dozie says he did not approve the settlement terms. Elrington told the Council that he orally explained the settlement terms to Dozie in September 2023.

According to Dozie, he signed one engagement letter on May 17, 2023, where he agreed to pay Elrington a retainer fee of $3,000. It was also agreed that Elrington was to be paid a contingency fee of 15% of the sums collected. Elrington says that Dozie signed a second “redrafted” retainer on the same day. According to Elrington, Dozie paid him $1,500 down and agreed to pay 40% of the sums collected. Dozie said that he paid Elrington $1,500 and the remaining amount would be collected from any funds received. Elrington was unable to provide the Council with the original engagement letters with the wet ink signatures.

“A perusal of the documents by the members of the Council indicates that the scanned copy of the signature of Pastor Dozie on the second engagement letter (denied y Pastor Dozie) is blue, whilst the first one is black, and the signature on the second engagement letter appears to be identical in size and shape, including the points where the signature intersects the alphabetical letters at the bottom of the signature line, that spell out his name. Exactness in two signatures of the same person to such a degree are not usually found and tends more to the probability that the latter signature is a copy made by scanning or copying by machine.”

Six-Time Toledo East Area Rep, Mike Espat, Passes

One of Belize’s longest serving politicians passed away on Monday night in Belmopan. Michael Espat or “Iron Mike”, as he was affectionately known, passed away at the Western Regional Hospital. Reports are that he suffered a massive heart attack. Espat had not been fully active over the past couple months, as he was dealing with certain health complications. There was, however, no information on how severe those health complications were. His death comes at a great loss to his family, supporters in Toledo East and the People’s United Party. His constituents embraced him and showed their support by electing him six times to that seat. Espat only lost twice in Toledo East, in 1993 and 2008. Since his re-election in 2012, Espat has held on to the seat for three consecutive terms, up until the time of his passing. News Five’s Paul Lopez tells us more.

Paul Lopez, Reporting

An outpouring of condolences and well wishes are being extended to the family of Mike Espat, the six-time area representative for Toledo East. Espat passed away on Monday night at the Western Regional Hospital. Reports are that he suffered a heart attack. Linsford Castillo, the People United Party’s Secretary General, described Espat’s sudden death as a great loss.

On the Phone: Linsford Castillo, Secretary General, PUP

“It is an understatement to say that it is a tremendous loss to the People’s United Party. The passing of Honorable Mike Espat is not only a loss to the PUP but to the entire country of Belize, but especially to the people of Toledo East since being elected in 1989. We all know honorable Espat has served multiple times in the House of Representatives. Of course he had to sit out once or twice but for the most part he has dedicated the greater part of his life to the people of this country. So no doubt we as a party are certainly feeling this and his loss will affect us for many months and years to come.”

Espat first came on to the political scene in 1989, when he was elected in Toledo East under the People’s United Party. He won the seat five more times after that, 1998, 2003, 2012, 2015 and the November 2020 general elections. Following the 2020 general elections, Espat was sworn in as the Minister of State, in the Office of the Prime Minister.

Mike Espat, Area Representative, Toledo East (File: December 2^nd, 2020)

“I Mike Espat do swear that I will bear true faith and allegiance to Belize and will uphold the constitution and the law and I will conscientiously, impartially and to the best of my ability discharge my duties as a minister of state and to right to all manner of people without fear, favor, affection or ill will so, help me God.”

A release from the Office of the Prime Minister describes Espat as a good and faithful servant of his people and country. Espat’s Toledo East team also issued a statement on his passing. In the statement, they referred to Espat as a true pioneer who worked tirelessly to bring Toledo East and the Toledo District to prominence. The release notes that his legacy includes projects like the Joe Taylor Bridge and the enhancements to the Punta Gorda Hospital. He was considered a man of few words who only spoke up when the interests of his constituents were at stake. On one occasion in 2018, it was concerning the PUP’s southern caucus’s no to the ICJ position.

Mike Espat, Area Representative, Toledo East (File: August 31^st, 2018)

“We took our position as a southern caucus after many discussions and talking to people in that area. You got to understand, what I did not tell you, that San Vicente, Jalacate, all the way Dolores, Acuacate, most of these people come from Guatemala. They are here because they cannot find the type of life in Guatemala. So they are in Belize. A lot of them have nationality. A lot of them have Belizean children. You think they want to go back to what they left? I don’t think so.”

On another occasion, while the PUP was in opposition, Espat rose inside the House of Representative to demand aid for his constituents affected by Hurricane Nana.

Mike Espat, Area Representative, Toledo East (File: September 17^th, 2020)

“I have heard absolutely no interest for the farmers in the Toledo District. It is absolutely pathetic to see the damage for our farmers in the district. I was in Dolores and all the corn fields are down. I have seen no interest from the Ministry of Agriculture. Why is it that they have not been able to come up with some idea of utilizing what is in the field, because it is all left there and in the next two to three weeks most of that will rot.”

And Espat was not one to engage the media too often. On rare occasions he would agree to interviews. The PUP secretary general says that might have been the case because Espat was a straight shooter who sought to avoid unnecessary conflict.

Linsford Castillo

“To a large extend honorable Espat was a man of action and not too many words and as you may know and we all know in the party, he was a very candid individual who spoke it as he feels it. He was aware of that so he tried not to be in the media too often, because of the personality that he was. He would have certainly rubbed a lot of people the wrong way because he called it as he saw it. But nevertheless, he was a genuine individual who loved this country, loved the people of Belize, loved his constituency and of course loved his party.”

Reporting for News Five, I am Paul Lopez.

PM Briceño Reflects on Mike Espat’s Lengthy Political Career

We also heard from Prime Minister John Briceño who is currently on his way home from a visit to the Vatican. PM Briceño says the news of Espat’s passing caught him by surprise because they met last week in Belmopan to discuss works in Toledo East. According to PM Briceño, Espat’s death comes as a great loss to the party and the country. He reflected on his colleague’s lengthy political career and contributions to the public service sector. Here is what he told us.

On the Phone: Prime Minister John Briceño

“I think the first thing that comes to mind is shock. It is something that was totally unexpected. Last week I had a meeting with him in Belmopan talking about his work and his concerns about what is happening in the Toledo District. So when I was informed that he had a heart attack and passed away I was shocked and started to reflect that this is a great loss not only for the PUP and the people of Toledo East, but for the country of Belize. Mike Espat dedicated his entire adult life to public service. Many people don’t remember he was a teacher and principal, and it was in 1989 that he offered himself to represent the people of Toledo East and since then he has been active in politics and service to the people. So a great loss to us and to our party and especially to his family. Just last year his wife passed way. So this is even more tragic for the Espat family, who lost a mother last year and then now losing a father. We will have an official funeral but we want to sit down and discuss with the family. They will have to tell us when they will have the burial. Once they inform us the ministry of foreign affairs, their protocol officers will take over and make all the arrangements. We are hoping we can bring his body to the National Assembly before he is taken to his final resting place which will be in Punta Gorda.”

House Speaker Laments the Loss of Iron Mike

The Speaker of the House of Representatives, Valerie Woods, also spoke fondly of the deceased parliamentarian. Despite Espat’s silence in the house, he was a well-respected politician who wasn’t afraid to voice concerns raised by his constituents in Toledo East.

Valerie Woods, Speaker of the House

“[It] came as a shock, a tremendous loss. Honorable Mike Espat has been a member of the House of Representatives for several decades, but has been a quiet member of the House of Representatives. He certainly epitomizes, I think, in my view, the resilience, tenacity and the courage, even as a backbencher, to stand up and not, if you will, follow tradition where we just go along with the program. He questions and that is the beauty of what should be in our democracy, notwithstanding [the fact] that he is part of the government side. The Honorable Mike Espat has always put on record questions of concerns he’s had for his area. He was also a member who was very local, very old school, but very vocal. When he met with me in the position that I hold as presiding officer, there was a time when the group of backbenchers wanted to meet with me to understand the rules, the standing orders, to make sure because as they had put it, they see the style that I am trying to bring and he just wanted to understand and he said in all… I take it as a vote of confidence by the honorable member for Toledo East when he said in all his years he has to respect the fact that he sees what I am trying to do in, if you will, correcting even the government side. And coming from somebody with far more experience than myself that understands the politics, I respected that and I appreciate that. He certainly will be missed in the house.”

Who Will Lead for the P.U.P. in Toledo East?

According to Section Eighty-five of the Belize Constitution, when the seat of a member of the House of Representative becomes vacant, a bye-election must be held within three months. As the Briceño administration prepares to send Espat off with an official funeral, it must also consider the next move for the Toledo East constituency. With the next general election scheduled for 2025, that vacancy must be filled, unless the prime minister calls an early election. But he has already said that will not happen. It is also an opportunity for the opposition to gain ground in the Toledo District. This morning, Espat’s Toledo East team noted that they will support his son, Melhem Espat, to carry the torch as the next Area Representative for Toledo East. But Doctor Osmond Martinez and current PG Mayor Carlos Galvez have also voiced interest in the seat. Today we asked the P.U.P.’s Secretary General how the party intends to navigate this decision, when that time comes. We also posed the same question to Prime Minister John Briceño. Their responses were similar.

On the Phone: Linsford Castillo, Secretary General, P.U.P.

“Everything has to happen one step at a time. At this moment we are not even focusing on the next step in terms of who is next and what is going to happen in terms of a by-election and all of that. Those things will fall in place. For now, we are just focused on remembering him and paying tribute to him. Certainly, as a party, reflecting on the many deeds that honorable Espat has done as area representative, as minister of government and just as a soldier of the People’s United Party who has been at the helm for so long. That is our focus as a party at the moment.”

On the Phone: Prime Minister John Briceno

“Well it is certainly too early, and I am hoping nobody will be talking about wanting to replace the honorable Mike Espat right now. I think we need to give the family a chance to grieve, at least to wait until after the burial and then as a party we will decide. We know we only have ninety days, but I do believe we will be able to be ready and hope and expect that the people of Toledo East would once again have a representative of the People’s United Party. But most importantly I am hoping that nobody would want to talk about that right now. Let’s grieve with the family and pay him the respect he deserves.”

ABL Managing Director Submits Affidavit in Stake Bank Lawsuit

On Monday night, we led our newscast with a story involving a lawsuit brought against businessman Mike Feinstein and Stake Bank Enterprise Limited. Tonight, we take a closer look at a sworn statement provided to the High Court on April nineteenth. The Government of Belize and businessman Michael Feinstein entered into a Definitive Agreement to facilitate the development and operation of Stake Bank Island as a cruise ship docking facility in August 2017. A year later, in his capacity as Director of Stake Bank Enterprise Limited, Feinstein approached the Atlantic Bank seeking an extension of bridge financing to Stake Bank Enterprise Limited in the sum of twenty million dollars. In an affidavit from Gregory Maheia, the managing director of Atlantic Bank, he says that Feinstein, in providing details of the project, informed the bank that the island was too small and, thus, intended to extend the island by dredging and reclaiming roughly twenty-four acres of seabed. On September twentieth, 2018, the Atlantic Bank provided a loan of twenty million dollars to SBEL and, along with a facility letter, Feinstein was furnished with a draft of the Mortgage Debenture for his execution. The debenture was reportedly signed by Feinstein in his capacity as director of Stake Bank Enterprise Limited, however, the document remained undated and in the custody of Atlantic Bank’s lawyer because Feinstein reportedly did not wish to pay any stamp duty. Instead, he insisted that the debenture was the beneficiary of SBEL’s exemption under the act and the bank was awaiting the First Registration Title for Minister’s Fiat Grant Number 699 of 2004 and 609 of 2006 which were still registered in Feinstein’s name.

Joseph Camp Begs GG for Pardon, Says He was Unlawfully Detained

US citizen Joseph Camp, 39, has written to Belize’s Governor General Dame Froyla Tzalam, asking for a pardon. Earlier this month, Camp spread false news during a shooting incident in Belize City. He was arraigned in the Belize City Magistrate’s Court where he pleaded guilty and was fined six hundred Belize dollars.

In the letter to the GG, Camp says, “I am writing pursuant to Section 52 et seq of the Belize Constitution 1, to respectfully request a pardon for the offense of Spreading False News.”

According to Camp, the information he shared during his Facebook live video was provided by a Belize police detective. He says, “I acknowledge the gravity of the offense and have accepted full responsibility for my actions. However, I wish to provide further context to my case. The charge stemmed from information that was provided to me by a Belize Police Detective…”

According to Camp, “upon becoming aware that the information may not contain complete facts, I took immediate steps to rectify the situation by attempting to remove the content.” The content remains on his Facebook account.

Camp says he has also written an official letter to the United States State Department and U.S. Embassy in Belize. In that letter, he says that he was unlawfully detained.

*Joseph Camp writes to U.S. authorities, claiming he was unlawfully detained.*

Atlantic Bank Sues Mike Feinstein and Stake Bank Enterprises

The Atlantic Bank Limited, businessman Michael Feinstein, and Stake Bank Enterprises which is presently in receivership, are headed to litigation. On Friday, a claim was brought before the High Court against Feinstein, who is a director and shareholder of Stake Bank Enterprise Limited. In the lawsuit, Atlantic Bank claims that it has provided Stake Bank Enterprise with sixty-two million dollars to develop Stake Bank Island into a cruise ship docking facility. Part of the project required that roughly twenty-three and a half acres of seabed had to be reclaimed around the existing land mass. In 2018, Atlantic Bank proceeded to make funding available for the project on the strength that Stake Bank Enterprise would ensure that the title to the reclaimed acreage would be acquired from the Government of Belize in Stake Bank’s name. Furthermore, the claimant states that in 2021, Feinstein illegally applied for and received title to the extension in his name rather than in Stake Bank’s name. A mortgage debenture carried out in January 2022, clearly stated that the original sixteen acres of the island, as well as all future leasehold and freehold property, including all buildings and fixtures, are the property of Stake Bank Enterprise Limited. A few weeks ago, Atlantic Bank learned that Feinstein had possession of the title to the extension in his name. He was then required to convey the title for the extension to Stake Bank Enterprise so that it falls within the charge created by the mortgage debenture. Atlantic Bank asserts that Feinstein has refused to do so. As such, it is seeking a declaration that Feinstein holds the extension to Stake Bank Island, as a constructive trustee for Stake Bank Island and subject to an equitable charge in favor of Feinstein. ABL is also seeking an order directing Feinstein to immediately transfer the extension to Stake Bank Island to Stake Bank Enterprise free and clear of any hindrance or charge. Among other reliefs, Atlantic Bank is also seeking damages against Feinstein for fraud and breach of fiduciary duties. Atlantic Bank Limited is being represented by the law firm of CourtenayCoye LLP.

Feinstein’s Attorney Writes Central Bank Regarding ABL

Earlier today, the attorney for Michael Feinstein wrote to the Governor of the Central Bank of Belize requesting an investigation of Atlantic Bank Limited for, “serial breaches of the Domestic Banks and Financial Institutions Act”. The letter states that ABL approved and disbursed over sixty million dollars in loan funds to Stake Bank Enterprise Limited using monies belonging to depositors, as well as the pension funds of employees working at Atlantic Bank Limited. According to Stake Bank Enterprise, this was done without ensuring that adequate security was put in place at the onset. It further states that a mortgage debenture was not executed until January eighteenth, 2022, only after Central Bank had approved the sixty-million-dollar loan facility for the Stake Bank project. Aside from the loan amount, Atlantic Bank purportedly created subsidiary credit facilities in the form of construction credit loans that totaled approximately twenty-one million dollars to continue financing the Stake Bank project out of the watchful eye of the Central Bank. The letter also points to, among several other observations, a considerable devaluation of the security held by Atlantic Bank which puts depositors and employee pension funds at risk, since the loans were not properly collateralized.

Senate Inquiry Postponed Yet Again

Turning now to parliament… This morning, a scheduled senate inquiry into Portico’s controversial Definitive Agreement was placed on hold yet again after the Office of the Attorney General wrote to the chair of the Senate Special Select Committee on Friday, indicating that the upper house remains on recess. The Senate has been on break since the start of Holy Week and continues to be on time off. Despite explaining the need to get on with the process, Chairperson Janelle Chanona was advised that decisions taken by the committee during this period could be challenged in a court of law. Here’s what she shared regarding the postponement earlier today.

Janelle Chanona, Chair, Senate Inquiry

“What has happened today is that on March twenty-seventh, we set a date for back-to-back public hearings today, the twenty-second and the twenty-third. Friday evening, at six p.m., we were forwarded a legal memo from the attorney general’s ministry indicating to the President of the Senate that there are two things that would prevent today’s meeting. One is that the senate is on recess since Holy Week and two, that as a result of being on recess that the committee should not be working because decisions taken at the committee meeting may be legally challengeable. We responded Saturday morning to that legal memo content indicating, again, our TOR speaks to working expeditiously and urgently and that we had set this meeting for quite some time, that we were relying on the guidance provided by the National Assembly, the Office of the Clerk, in terms of parliamentary practice and procedure, and that everything was set up for Monday morning. And up to Sunday, last night, we got a response again, after hours, from the Office of the President, indicating that the decision was not just to cancel our committee meeting, but to advise that the committee meeting should not proceed, but that all committee meetings scheduled outside of recess be canceled, or within recess, be canceled. I’ve been here since March 2022, I think it’s definitely an opportunity for everyone to learn. What we do lament and what we place on record is the timing. Had we been able to get this legal opinion which I will say right off [the bat], it’s the very first time a legal opinion on such procedure has been asked for and received. But it is regrettable that Friday evening into the weekend for a Monday morning meeting that this transpired.”