2024-04-24 - Channel 5 Belize

Atlantic Bank Contemplates Libel Suit Against Feinstein

The ensuing drama between Atlantic Bank Limited and businessman Michael Feinstein, following a lawsuit filed against him and Stake Bank Enterprise Limited, is taking an interesting turn. As we reported on Monday, a letter to Central Bank Governor Kareem Michael, on behalf of Stake Bank, requests that the regulator investigates ABL for, “serial breaches of the Domestic Banks and Financial Institutions Act”. In that letter, Senior Counsel Godfrey Smith, on behalf of his client calls upon the Central Bank to immediately inquire into these matters which not only are clear breaches of the act but create a substantial risk to depositors of the bank. The Central Bank is also being asked to call on shareholders of ABL to recapitalize the bank to ensure that depositors’, as well as employees’ pensions funds are safeguarded. In the wake of that letter, Atlantic Bank has issued a statement of its own in which it acknowledges the existence of the letter written on behalf of Feinstein. Also, the bank firmly denies allegations regarding the financing of the Port Coral Project and its attorneys are considering a claim for libel based on the harmful statements in the letter. To the paid political ad that is currently being aired on various media outlets, Atlantic Bank reminds its customers that its fundamentals are strong and supported by a financial group worth twenty-one billion U.S. dollars. As such, ABL remains the second largest financial institution in Belize, with the largest lending portfolio, funded by the second largest deposit. So, what does Prime Minister John Briceño make of the evolving fiasco between the bank and its borrower? Here’s what he had to say.

Paul Lopez

“What is your thoughts on what has been transpiring Atlantic Bank and Stake Bank at this time, there seems to be a legal war underway.”

Prime Minister John Briceño

“Because it is a legal matter I would rather not comment, because quite likely that will end up in court. So I would rather leave that to the lawyers and the bank and the Central Bank.”

Earlier today, the principal owners of Stake Bank ran a notice elsewhere in the media in which it sets out to clarify five points, including the fact that Stake Bank is not yet an operational business but has been put into receivership. The statement goes on to say, “The owners of SBEL will be filing legal suit against Marlowe Neal and his accomplices for this dubious act. Marlowe Neal is reminded that as the receiver appointed by the ABL he is to recover $61,595,818.50 and not a penny more and in doing so he is to act in good faith. Any further attempts to act with impunity to undermine the interest of SBEL and its shareholders by Marlowe Neal, etc. will be vehemently challenged in our Courts. The Belize business landscape is riddled with bank imposed receiverships that have destroyed borrowers hard earned assets and their dreams because receivers didn’t act in the best interest of the owners”.

Minister Dolores Says, “Iron Mike” Held Strong Views

The nation continues to mourn the loss of Toledo East Area Representative Mike Espat. He entered electoral politics thirty-five years ago and served the country as an area representative for twenty-five years. On Tuesday we heard from several of his colleagues about his political work, contributions to the nation’s development and his personality. Today, we heard from Dolores Balderamos-Garcia, a senior member of the People’s United Party, on Espat’s passing. She is now the eldest member of parliament, a title Espat held. Here is what she told us.

Dolores Balderamos- Garcia, Area Representative, Belize Rural South

“We are very saddened at the passing of honorable Mike. We used to call him Iron Mike, with good reason. When he took a stance on something he was absolutely committed to that and I think the stances he took were always in support of his people in Toledo, Toledo East particularly, the constituency. He held some very strong views. I can share with you that he was not at all in favor of the proposal for the Maya Communal Land Rights. He said, we are all Belizeans, and we should all have equal rights to land. He was very vocal about that. And, we had to work with him because we can have differing opinions and still respect one another. I can tell you that just about a few weeks before the budget debate I had a little chat with him, and it was cordial and respectful. He did attend our ministerial meeting on the Maya Land Rights in December. He made valuable contributions, and we took the contributions into account. So, I want to say in his memory, we thank him for all the work he has done. And I want to say this, with the position and the strong stance he took, it forced us to look at a differing point of view. And not only because of that, because it is the correct thing to do, we have made it clear that whereas we need to implement the judgment of the CCJ in relation to the Maya case, we must do so keeping in mind the balance we have to maintain and never forgetting the constitutional rights of all Belizeans.”

Perez On Loss Of Colleague Mike Espat

On Tuesday, Belize mourned the loss of Minister of State, Michael Espat after he suffered a heart attack. As one of the longest serving area representatives in Belize, he has served alongside several of the country’s leaders, such as Minister of Blue Economy and Civil Aviation Andre Perez. We caught up with the minister today, who told us that Espat was not only his colleague, but also a brother to him. Here’s more on that.

Andre Perez, Minister of Blue Economy and Civil Aviation

“As you saw today, I could not start my intervention without acknowledging my colleague, Mister Mike Espat, who sat next to me at the whole sitting, he was my brother on the right hand side. But the deep respect I have for Honorable my path is that I have to say that I have known him and he has known me from a little boy from the days of my father. My father knew him deep into politics in the eighties when they were fighting for independence when they were there at the forefront when it was a high school principal. When it was time for elections and campaigning all the way up in Orange Walk and . We used to live in Orange Walk. I recall as a young man, as a young boy growing up around my father, he was a very prominent person that always spoke and defended his country. Certainly a lot to be learned. He would not mince his words, he was not happy about something, he would say I can recall a couple of things when he was not too happy about, especially when it came to defending what we have. Sometimes the approach I would take sometimes he would not agree with me. That’s agree to disagree, but my utmost respect for him. So I have good memories with him. He was very focused did not mince his words. And that’s a great attribute that a great leader that he has, the work that he has done, the work that he did in Toledo speaks for itself. He’s a lifelong career service that he has done and for this nation. And for that, I am very grateful and privileged to have known him.”

Perez ‘Hits The Ground Running’ On Cabinet Re-entry

Minister Of Blue Economy and Civil Aviation, Andre Perez has officially returned to the cabinet. The Belize Rural South Area Representative spent nearly eight months on leave of absence amid sexual misconduct allegations that arose in August 2023. Perez, however, refuted these claims and in January of this year, Prime Minister John Briceño said that Perez’s return to cabinet was not improbable. Earlier this month, Perez attended his first cabinet meeting after being officially reinstated. We caught up with Perez to hear how the return to cabinet has been going so far.

Andre Perez, Minister of Blue Economy and Civil Aviation

“I’m excited to be back. I hit the ground running, If you want to say that on the very first week there was some issues to deal with the oceans conference as it relates to blue economy. So I had to be out of town for official duties. I was a bit difficult for me because I had my work laid out as I started my first meetings, my head of directors and head of departments from the different ministries, including blue economy and no disaster management. But yesterday was very intense with the meeting there. And of course, finding that balance that we keep on as an ear representative. I serve on the third largest division in entire country. So that’s a great responsibility as well. So it’s finding that balance that we’re doing excellent. And this is one of these days here in Caye Caulker. This is my stomping grounds. I’m happy to be here and also doing the work as a minister.”

General Legal Council Goes Hard on ‘OJ’ Elrington

The General Legal Council has issued a decision in a matter involving attorney Orson “OJ” Elrington, following a complaint that was brought against him by a former client. Earlier this year, we ran a story regarding a resident of Dangriga who sought Elrington’s legal services in an attempt to collect social security benefits after he lost his wife in December 2021. Elrington was also retained to pursue a constitutional claim challenging certain provisions in the Social Security Act as being discriminatory, as well as to recover the widower’s pension and damages. It is subsequently alleged that Elrington entered into a settlement agreement with the Social Security Board without the consent of his client whose instructions were for the matter to be taken to court. Elrington reportedly settled for a lesser sum, well below what Pastor Dozie anticipated had the matter gone to trial. Dozie later filed a complaint with the GLC which was heard back in February. Having considered all the evidence that was presented on both sides of the argument, the council, comprised of five attorneys and a High Court judge, determined that Elrington is guilty of grave professional misconduct in respect of representing his client, Pastor Dozie. Earlier today, we sought a reaction from Elrington regarding the decision.

Orson “OJ” Elrington, Attorney-at-law

“I am an officer of the court, an officer of the law, so I always respect the processes and decisions, but that does not mean that we have to agree with them whatsoever. And in this case, I most certainly don’t agree with the conclusions of the GLC… but it is still a live issue before the courts and so the details of that I will not get into.”

Isani Cayetano

“In a situation such as this, is there any room for appealing the outcome from the GLC, or how does that aspect work?”

Orson “OJ” Elrington

“There is always, our legal process always allows the opportunity for decisions to be reviewed. So there is always, essentially, room for decision to be reviewed.”

Isani Cayetano

“What happens next, because if I understand the decision now says, essentially that an action was taken by yourself that was not necessarily approved or wasn’t necessarily the instructions given by your client.”

Orson “OJ” Elrington

“The question that was before the GLC was whether or not the client consented to the settlement, right? That was the question, not anything more than that. Whether or not there was a consent to a settlement. We said that the client orally consented, alright. Regrettably, what happened to state it once more is that we took on a matter essentially pro bono. That is one of the things that is lost in all of this equation. It is essentially what is called a contingency basis which is also one of the issues that was in the matter. We took on a matter that would merely be able to cover the minimum filing fees for the matter, a huge constitutional matter. What we did again, which is lost in all of this, is challenge the constitutionality of the Social Security Act which we said discriminated against men, and as you know, the settlement effectively said that the Social Security Board and the Government of Belize would have amended the legislation because it was unconstitutional, which they did.”

Elrington Issues Statement Following GLC Outcome

This evening, Senior Counsel Hubert Elrington, who represented his son ‘OJ’ Elrington before the GLC, issued a release which states, in part, “while we may not fully agree with this decision, as officers of the court, we respect the authority of the General Legal Council. We intend to present our reasons to the GLC as to why we believe no sanctions are warranted in this case. Following the outcome of these discussions, we will proceed accordingly based on further instructions”.

Orson “OJ” Elrington, Attorney-at-law

“The question was whether or not on the settlement of the matter, whether or not there was an agreement as to the quantum on the settlement of the matter. I personally spoke to the client and he accepted. I take responsibility whenever it is I have employees. Regrettably, I give instructions for the employee to get that in writing. He failed to do so until after the fact, I assumed to have happened. That is all that happened in this circumstance, nothing more, nothing less.”

Isani Cayetano

“Do you foresee, nonetheless, that the fact that the SSB and yourself settled on this issue without the involvement or the approval of Mr. Dozie…”

Orson “OJ” Elrington

“I don’t agree that that was the case. That was not the case, I spoke to him personally and he was involved in every element of it. I can show you text messages from him where he thanked me so much for all that I did for him, and I will provide it to you. He thanked me so much, even after. It was only when it was time to issue, and he was reminded that, you know, the full settlement is not yours, there is a portion that must come to us as the attorney and a portion… that is when he suddenly said, “Oh, well I don’t… that is not what I thought would happen.” That was what happened.”

Government Social Workers Salary Increase Still Pending

Government social workers were promised that they would receive a salary increase about six months ago. But that commitment is yet to be realized. So, what has been the hold up? That’s what reporters asked Dolores Balderamos Garcia, the Minister of Human Development. She says it is taking a little longer than expected but should be granted within the next two months.

Dolores Balderamos- Garcia, Minister of Human Development

“I have to agree that it has taken some time to be rolled out. I think Cabinet approved the pay scale raise, not just a raise of pay. Social workers of the ministry of Human Development have not received a pay scale increase, something like 2002 and so I am so happy to once again be the minister of human development. I was back in ‘98 to 2003 and we have not had a pay scale increase since then. So I was very humbled and proud that we put in place that pay scale raise. Now, the ministry of public service they have to do their adjustments in those pay scales. Sometimes it takes a little longer than we expect but I know it is coming on stream shortly. So I will say that within another two months we should see the full adjustment so that social workers can be granted the level of pay that other people get.”

Sand Hill Family Found Guilty of Attempted Murder

A family of three, including a mother, her daughter and son, has been found guilty of attempted murder. The decision was returned by a jury of seven. Sixty-eight-year-old Irene Budd, her daughter Ormencia Pou-Swift, and thirty-four year-old Aaron Fuentes appeared before the Justice Nigel Pilgrim two weeks ago. It is alleged that on September fourth, 2011, Fuentes and Blair got into an altercation in Sand Hill Village. During the incident, Fuentes left and returned with a machete and chopped Blair on his hand, severing his pinky finger. It is further alleged that Irene Budd, armed with an iron bar, struck Blair several times to the body, while her daughter ripped out Blair’s left eye with her finger. The trio has been remanded to the Belize Central Prison until May thirty-first, when mitigation pleas will be heard on their behalf.

Nando’s Says They Were Scammed Out of Nearly $50,000

Last night, we reported on the nearly fifty thousand dollars from the Belize Government Lottery that was line transferred into the wrong account and held by the account owner. On April twenty-third, thirty-two-year-old Kathleen Belisle was charged for dishonestly retaining a wrongful credit after the money was deposited into her account by the accountant at Nando’s Wholesale LLP, which is one of the Sales Agent for the Belize Government Lottery. However, a representative from the company has come forward with more details on the incident. According to them, the incident was not merely a matter of a mistaken account but is the result of identity fraud. According to Nando’s Wholesale LLP, Belisle’s number was saved under the name of Bi Yun Chen at Lowes Supermarket who is a Sub-Agent for the Belize Government Lottery. They claim that upon texting the number and inquiring about the transfer of funds that typically occurs between the businesses, Belisle pretended to be proprietor of Low’s and informed them that the bank account for the business had changed. Allegedly, after handing over bank information, Belisle made attempts to rectify the error and it was not until Nando’s Wholesale LLP was contacted by a Lowe’s representative that they were made aware of the scam.

PM Briceño Returns Home from Visit with Pope Francis

Prime Minister John Briceño has returned home from his trip to the Vatican Apostolic Palace where he met Pope Francis and Archbishop Paul Richard Gallagher. The trip was originally scheduled for earlier this year, but the PM had to suddenly cancel and returned home to defuse tensions within the sugar industry. But this time around, he was able to complete his visit, alongside a delegation that included his wife, Rosanna Briceño, the Special Envoy for Women and Children, Amalia Mai, the Chief Executive Officer in the Ministry of Foreign Affairs, and Cabinet Secretary Stuart Leslie. PM Briceño told us about the visit.

On the Phone: Prime Minister John Briceño

“I wish I could find the words to describe meeting Pope Francis. Ince you are in his presence you know that you are with a special person, a holy person and we managed to talk about many issues. He wanted to know more about Belize and then also he asked me about my family. I explained to him how my mother, who passed away twenty-nine years ago, would have been overjoyed to know that her son managed to meet the holy father, so it was something very significant for me and my family. He was excited to hear about Belize and I invited him, I extended an invitation to him, and I know he said he is not travelling as much but should the opportunity arise, he would be happy to visit Belize because he has said he has heard good things bout Belize and how beautiful Belize is and obviously that is god’s creation. And he would be excited to visit sometime in the future. I also met with the deputy secretary of state in the Vatican and we had also a long discussion, a more in depth discussion about the challenges of Belize, especially the Belize/Guatemala issue and that we being at the ICJ. So I believe that it was a very successful visit and I believe that with the prayers of Pope Francis and the church that Belize can have a brighter future.”