But did Mendes have what is known as ostensible authority - which is given by virtue of his office?
Mendes said he did - and Barrow said he might have - had it not been made clear to Portico that was only one way to get the Cabinet to approve a definitive agreement:
Dean Barrow, Former Prime Minister
"Without a doubt Erwin Contreras, in my view was clothed with ostensible authority, but I am saying that Portico could not have relied on the ostensible authority arising out of the fact that Erwin was holder of a ministerial office in the circumstances because Portico had been told. Neither Mr. Contreras, neither Mrs. Taegar Panton, neither the attorney general - no minister can sign any definitive agreement with you unless and until there is an approval in writing, a formal approval from cabinet. Portico knew this."
"Any of them that came to the cabinet sub-committee was told by the cabinet sub-committee we can make no decision. You need to understand that you are here to present your proposals. The Beltraide people will then have a look at it, we may be back in touch with, there may be a dialogue - there is a process. Nothing can be agreed. You can be conferred no benefit. There can be no approval of anything until that process has come to an end and that end would be that either the cabinet sub-committee says, we are not even going to recommend this to cabinet or that the cabinet sub-committee says, you're clear with us, we're going to send this along to cabinet. Cabinet will make a formal decision and if that formal decision is yes, which would be recorded in the minutes of the cabinet meeting, then you will get the greenlight. You will be free to proceed."
"Gegg was nowhere near that point and Gegg knew that he was nowhere that point, because he had been told by the cabinet investment sub-committee that nobody can sign anything for you unless and until there is a formal consideration by cabinet and a formal decision by cabinet."
