Earlier in the week, former UDP Attorney General and current Senator Mike Peyrefitte made news when, out of nowhere, a letter from him appeared on social media. It questioned the validity of a "definitive agreement" that the Port of Magical Belize claims it received from the Barrow Administration just before the election.
Peyrefitte said that as the former AG he would have had to vet any such agreement and he didn't. He also says that as a member of the Cabinet Investment Committee - which was considering the Port of Magical Belize project - no such agreement was approved.
That's a pretty damning conclusion especially since that definitive agreement has been a major selling point for the Port of Magical Project to its international partners. And, tonight, there is a sharp response from the Director of the Company behind that Port project. David Gegg has written to Peyrefitte as an officer of Portico Enterprises, and he tells Peyreffite he is setting the record straight - by reminding the former AG of his very specific involvement with the agreement. Jules Vasquez has a recap of his letter:
In his scathing letter to former AG Peyrefitte, David Gegg claims that not only did Peyrefitte know about the Definitive Agreement - he consulted with his law partner about it.
He writes, "In February of 2020, Portico retained the services of your law firm, Morales Peyrefitte LLP, for the purpose of drafting the same definitive agreement to which you appear to be oblivious as to its existence. Subsequent to drafting the agreement, your partner at the time held several discourses with you as the Attorney General and member of the Investment Committee regarding the terms of agreement and it was you who vetted the agreement and advised him that certain amendments were needed. To be absolutely clear, you vetted the agreement and advised that the Arbitration Clause had to be amended."
Gegg says that after that Portico continued to keep the cabinet investment committee apprised, quote, "of all developments including the submission of the agreement to the Government. By email dated 1 day of June 2020 Morales Peyrefitte LLP sent you and the Honourable Tracey Taegar Panton a completely revised agreement with amendments including those you advised upon. Neither you nor the Honourable Tracy Taegar Panton as Members of Cabinet and the Committee can therefore deny that the Committee and Cabinet did not have constructive notice, if not actual notice of the agreement. Whether the agreement was purposefully withheld from discussion, inspection, or vetting by cabinet or the Attorney General's Ministry is a question that can only be answered by yourself and the Honourable Tracey Taegar Panton but we can state for the record that the agreement was reviewed by a ranking member of Cabinet, Erwin Contreras, Minister of Economic Development."
And what did Contreras do? Gegg says he went to Peyrefitte. Quote "A week before the agreement was entered between the Government and Portico, Minister Contreras indicated that he was advised (quite possibly by your Ministry or the Investment Committee) that a further amendment was necessary. Minister Contreras directed that the agreement must be amended to include a condition precedent that the agreement would be of "no effect" without an Environmental Compliance Plan being executed by the Department of Environment."
After this, Gegg concludes, quote, "Considering the above, your letter is not only tainted with deceit but can only be viewed as a malicious attempt to steer negative sentiments toward Portico….We trust that as a learned Attorney and a representative in the upper chamber of the National Assembly, you will act responsibly by retracting the unfounded and unsubstantiated statements regarding the execution and legality of the agreement."
And while we could not reach Peyrefitte, we did reach Tracy Taegar Panton who chaired the UDP Cabinet Subcommittee on investment.
She said earlier in the week on Sunup that no such "definitive agreement" was approved and this evening, via WhatsApp message, she added, quote, "As far as I am aware there is no definitive agreement that was issued by way of the Cabinet Subcommittee on Investment. A definitive agreement is a legally binding agreement enforceable by law." End quote.
She then speaks about a letter of agreement in principle which Gegg attached in his letter to Peyrefitte.
She says, quote, "This letter of good faith issued to this particular investment group when they initially presented the project to the Ministry of Investment and Beltraide. The letter clearly states: letter of support in principle. It also states in the letter in paragraph 3, that the letter which serves as an expression of good faith, is NOT intended to create legally enforceable rights and obligations."
