BTL CEO Dean Boyce came “this close” to being arrested at his work today. That’s because Magistrate Ed Usher issued a warrant for his arrest at noon today. Usher is the Magistrate who ordered BTL to pay four hundred plus million dollars in business tax arrears a week ago. As we’ve reported, the company didn’t pay because it appealed to the Supreme Court. But as the Income Tax Act stands – even if there is an appeal, the tax has to be paid. If the accused business or person wins the appeal, the money is then refunded. So withstanding the appeal to a higher court, by Magistrate Usher’s interpretation of the law, the money was due as the court ordered, on Tuesday. Today it was past due and he issued a warrant for Boyce.
7NEWS was on the story from early and waited at BTL to see if the police and bailiff would take Boyce to court forcefully. But it didn’t happen. The officer in charge of the Prosecution Branch, Assistant Superintendent Linden Flowers told us why.
ASP Linden Flowers, Prosecution Branch
“This afternoon around 1:15 or so on the course of my normal duty of executing warrants, I accompanied the bailiff from the Magistrate’s Court to execute some warrants that were in our possession.”
Keith Swift,
What happened when you arrived at BTL?
ASP Linden Flowers,
“I got to BTL and I asked for the person named and for the company office as was indicated on the warrant and thereafter based on the information I received, I returned back to the court.”
Keith Swift,
He was not arrested?
ASP Linden Flowers,
“No, the company or the person was not taken. The matter was dealt with differently, after recognizing that it is a company and named individuals there and it was for particular purposes.”
Keith Swift,
Did you go there prepared to put him in handcuffs?
ASP Linden Flowers,
“Keith going there prepared to put in handcuffs, I think everybody knows me; I don’t carry a handcuff but I will take the necessary actions to bring someone that I have to bring or for whom I have a warrant.”
Keith Swift,
Did you have any contact with Mr. Boyce?
ASP Linden Flowers,
“No I not have any contact with Mr. Boyce.”
And while the officers didn’t leave with Boyce, BTL had to scramble to solve the problem, and before the end of business. That’s because those who don’t settle with the court on Friday, are likely to spend the weekend in police lockdown. So, rather than put up a fight at this level, BTL agreed to pay the $2.36 million that was due today. The check was delivered to the court at about 3:30. The company’s attorney Eamon Courtenay explained
to us that while their interpretation of the law differs, they must respect the Magistrate’s decision.
Eamon Courtenay, Attorney for BTL
“The Magistrate made an order that Telemedia pay its taxes in two instalments, one on the first and one on the eight. We looked at the matter and decided to appeal. Under section 112 of the Supreme Court Act it says that once we appeal the order of the Magistrate or his decision is suspended. And we relied on that section and wrote to the Commissioner of Income Tax saying we had appealed the matter and therefore Telemedia would not be paying since it was suspended.
We understood today that a warrant was issued for the commitment of Mr. Dean Boyce to prison for non-payment of the amount. Of course that surprised greatly in view of the fact that the law very clearly says that the decision of the Magistrate is suspended. Now you have a choice at that stage, whether you want to come and argue before the Magistrate whether or not your client should be committed to prison or you pay under protest. So what has happened is that we have paid the first amount that was ordered by the Magistrate to be paid on the 1st and the warrant for Mr. Boyce’s commitment has been cancelled.”
Keith Swift,
Will Belize Telemedia pay the other $2.3 million on July 8th?
Eamon Courtenay,
“Well let’s wait and see what happens on July 8th. We take things one at a time.
I have due respect for Mr. Usher. He believes he is acting within the law and he did it. No doubt Telemedia disagrees and there is an appropriate course to take which I am sure the company is going to take.”
As noted in the interview, another $2.3 million is due next week Tuesday. By then we would expect that BTL would apply to higher court for some injunctive measure.
In other news related to the ongoing hostilities between government and the web of Ashcroft controlled businesses, 7NEWS has received reports that on June 25th, the Financial Intelligence Unit enforced a search entry warrant on a BTL records keeping office in Belmopan. The action reportedly started on June 11th and 12th when the FIU went into BTL;s Belize City Office asking to see accounting records. The records will inform the investigation into the phone company involvement with money laundering.
As we’ve reported, BTL changed nearly US$100 million on the black market between 2001 and 2005. The FIU agents were reportedly told that the records were archived in Belmopan and when those weren’t forthcoming, the FIU went with three police officers to access the records.
The ongoing investigation under the Money Laundering Act has already resulted in 79 charges being brought against the Belize Bank for failure to report a suspicious transaction. We understand that similar charges are being prepared for First Caribbean International Bank and may be served early next week.
