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But, at the risk of throwing out the baby with the bathwater, there was a whole lot more that was interesting that came out of yesterday's hearing. That includes Gegg's explanation of the genesis of the Definitive Agreement and his insistence that it remains binding and valid. Jules Vasquez took a second look
David Gegg, Portico Developer
"In that letter I indicated that I would not sit before this Senate Inquiry unless the Chairperson of this Committee were to recuse herself from these proceedings."
"Despite the statement, as referenced in my letter of March 26th, that I will not be answering any questions of this committee if the Chairperson did not recuse herself, I have had a change of heart, as I now feel that it is high time that the facts be shared with the Belizean people."
High time and Gegg appeared to be having a good old time regaling the Senators with the Portico vision - and dropping nuggets - like this one about how the definitive agreement came into being:
David Gegg, Portico Developer
"We retained the services of the firm of Morales Peyrefitte LLP, as a "Definative Agreement" was now needed. That firm was recommended to me as a firm that had experience with the drafting and negotiating of agreements with the Government. I at that time instructed Mr. David Morales to draft the Definitive Agreement in conjunction with the attorneys for Boskalis in the Netherlands."
"After several months, and after amendments were made by the relevant parties, the Definitive Agreement was forwarded on June 1st, 2021 to Ministers Panton, Peyrefitte and Contreras."
He was also working feverishly in 2020 to get environmental clearance - leading to an August 28th meeting:
David Gegg, Portico Developer
"The meeting started at about 9:30, and at about 11 AM I was advised by persons attending the NEAC meeting that the Consultants from the Netherlands would not be called, and that the project had been approved. I was elated."
"The NEAC meeting of August 28th had approved our environmental clearance. I could not believe it. I was over the moon."
Over the moon but under the numbers of NEAC members needed for a quorum:
David Gegg, Portico Developer
"My elation was short lived as a few days later there was a suggestion that there may not have been a quorum at the meeting of August 28th."
So the environmental approval was stalled - and desperate to conclude something before elections,
David Gegg, Portico Developer
"If I was trying to push things ahead - in all honesty - it was because I knew that government would change and that with that change would come a further delay in having all the documentation concluded."
So, Gegg reached out directly to Minister Erwin Contreras: David Gegg, Portico Developer
"Having not heard from NEAC as regard the approval nor from Minster Panton, or anyone else on the progress of the Definitive Agreement, I reached out to Minister Contreras for some guidance on how to proceed. He indicated that he needed to review the situation before he could commit to the DA as he foresaw the Environmental Clearance being an issue."
"We met again about a week later where he indicated that he had been advised ( I assumed at that time by the AG's office) that before he could sign the DA, we would need to insert certain conditions precedent, including that the agreement would not take effect until Portico had obtained environmental clearance. I consulted with Mr. Morales who advised that this was doable and he proceeded to amend the agreement He sent it to me, and I in turn shared it with Minster Contreras. Several days later I was told that the signing of the Definitive Agreement would be on the 1st day of October, 2020 in Belmopan. I attended the meeting and the document was signed."
"I know that the question being posed is whether Minister Contreras could have signed the agreement. I must say that I was not aware of any protocols or procedures which the Government at the time may have had, but I knew that he was the substantive Minister, appointed by the Governor General. He was an agent of the State. In my view he did not need permission from either Mrs. Taegar Panton, a junior Minister, or Michael Peyrefitte, an unelected Minister. Especially as those persons were clearly and openly supporting other competing interests."
"Our MOU said absolutely nothing about any CSCI. I knew the CSCI to be an advisory body with absolutely no Statutory Authority."
"Please keep in mind that our DA had already been in circulation since June 1st to Ministers Panton and Peyrefitte as well as to Minister Contreras."
"And while that Definitive Agreement was never approved by Cabinet - the project did get environmental clearance after the PUP was elected. And Gegg says that makes the"
"same agreement which the PM tore up - still binding and valid"
David Gegg, Portico Developer
"Having secured that ECP, and having paid annually, our Environmental Monitoring Fees totalling 450 thousand dollars to the Government of Belize including as recently as April of last month, there can be no doubt today that our DEFINITIVE AGREEMENT IS VALID, IS BINDING, AND IS ENFORCEABLE."
Gegg will return for a second day of testimony at a date to be announced.
