And, while the Prime Minister seems to be giving the AG a pass on this one - or perhaps bypassing the AG - as you heard him refer to, Government did turn to outside legal counsel for advice on the definitive agreement.
That is Senior Counsel Douglas Mendes from Trinidad and Tobago. So did he say it was binding? Or has any legal expert?
That's what the Leader of the Opposition asked:
Shyne Barrow, Leader of the Opposition
"Please tell this honourable house if the portico definitive agreement legally binds the government of Belize."
Francis Fonseca, PUP Freetown Rep
"This administration has taken such legal advice from the external distinguished legal counsel, Mr Douglas Mendes and has at all times, acted in accordance with that professional legal advice. Mr Mendes has advised that based on his portfolio and having regard to relevant case law, Minister Contreras as he then was had the implied and ostensible authority to execute the definitive agreement. Now that advice is an opinion. It is not a judicial pronouncement. And it is only a judicial pronouncement that definitively makes clear whether the UDP agreement is valid and binding."
"Madam Speaker a lot has been made of the, by the UDP minions and their agents of the fact that this UDP agreement was brought before our PUP Cabinet. And as Mr Mendes advised, whether we like it or not, the agreement represents a potential legal liability to the government of Belize. Until otherwise established by a court of law. So the Ministry of Finance Economic Development and Investment had a duty and obligation to bring the matter before the Cabinet for discussion and review."
But we must add, the matter was not brought to Cabinet for "discussion and review" as Fonseca claims, it was brought for - and thankfully we have the leaked Cabinet memorandum so we can quote - "Cabinet is requested to - approve the tabling of the proposed Bill before the next sitting of the House of Representatives for enactment." End quote.
So, it was taken to Cabinet for approval in line with the terms of the definitive agreement - proving that not only had the Prime Minister said it was binding, it was being treated as such when it went to Cabinet.
