And while the lawsuits and requests for judicial review are expected to mount when the final proposals for redistricting are released, that's only one fire government has going. The other is, of course, the agreement with Portico Enterprises Limited. That's also expected to go to court, and the government will likely have to retain outside legal counsel to defend it. But, one man they likely can't turn to is GOB's top legal eagle, Ben Juratowitch. Jules Vasquez looked more closely at his role in an ever expanding saga:
Ben Juratowitch
"I have the honor to appear before the court today and to do so on behalf of Belize."
This is Ben Juratowitch at the International Court of Justice in 2018 - here he is making an oral statement for Belize in support of the Chagos Islanders - seeking separation from the United Kingdom - in a case of self determination - a principle which Belize also plans to deploy in its case at the International Court of Justice.
Juratowitch is Belize's most senior external legal counsel - his law firm's website says he "serves as counsel before international courts and tribunals in disputes between states, disputes between foreign investors and states, and disputes between commercial parties."
And likely wanting to avoid a dispute between a foreign investor like Royal Caribbean Cruise Line and the state of Belize, the government sent this Definitive Agreement to him earlier this year. They asked him "to advise on whether the Agreement is binding... calling it illegal, and unenforceable and urged the government to "take action to remedy the situation...Government should not tolerate a contract it knows to be unlawful..."
He examined why it was non binding from all angles, but on Sunday, the Prime Minister said he got it all wrong:
John Briceno, Prime Minister
"What has happened is that Ben 'Jurasovich' Senior, QC, misunderstood what was asked of him. So when our legal minds looked at it, basically they told me, prime minister, don't waste your time, don't read it, it's, it's ah, they misunderstood what was being asked of them, so we asked, Senior Counsel Mendes, Douglas Mendes who better understands the Caribbean and Belize and then he took a deeper look into it and then he made the opinion that he believes that the minister did had the legal authority to do it."
And after professionally embarrassing Belize's lead sovereign attorney - PM Briceno explained that government preferred the second opinion - this one, dated May 4th from its Caribbean external counsel Douglas Mendes. He was asked to render an option on the Juratowitch opinion.
And he had a different finding. Mendes found that Erwin Contreras had "implied actual authority to enter the Agreement on behalf of the Government and ostensible authority to do so..." and that it was binding on the government."
Sources tell us that the Prime Minister had a meeting with Royal Caribbean and Portico in early May indicating their readiness to proceed with the project.
Later that month, they sent a press release announcing that Portico Enterprises Ltd., Boskalis International. and...Royal Caribbean Group had signed a memorandum of understanding to form a joint venture to develop, manage and operate the Port of Magical Belize.
So that may have been the impetus that pushed the Definitive Agreement in its original form into the Cabinet room on May 16th.
Cabinet Memorandum 84 of 2023 says right at the top, "The purpose of this paper is to..seek Cabinet's approval for...legislation for the Project."
It says nothing adverse about the definitive agreement - which by then had been publicly maligned for former UDP Ministers - and it mentions nothing of the reservations about the agreement expressed by Juratowich, the Cabinet memo simply states in an affectless tone:
"An agreement was eventually executed on 1st October 2020 between the Government and Portico," as if it was a totally normal, above board signing.
Of course, there was a whole lot wrong with the wholesale concessions and - it was rejected by Cabinet:
posted (May 31, 2023)
Anthony Mahler, Minister of Tourism
"It was presented to us the night before; I went through the night reviewing it. I had some major concerns with it and I brought them to cabinet. Other members in cabinet then chimed in and then it was led by the PM that said no we should put a hold on the document."
On May 24th, 7News obtained both the Definitive Agreement and the Cabinet Memorandum and showed them both on that evening's news. Thereafter a public controversy erupted - after what had been in the dark came quickly, urgently to light.
A light that turned scalding hot, and by June 16th, the Prime Minister was forced to tear up the Definitive Agreement in the House of Representatives.
But, the heat won't let up - now a Senate Special Select Committee has been formed to investigate the genesis and progression of the Definitive Agreement into the Briceno Cabinet.
Only the months to come will show exactly where this will end.
