7 News Belize

Ashcroft Alliance Takes Over Port Of Belize
posted (January 5, 2012)
The Port of Belize is under new management and control tonight - after the Ashcroft Alliance swept in and took it over today. As we've been reporting, the rancor between the Port of Belize Limited and its creditor, a company called Private Investment Limited which is part of the Ashcroft Alliance, had been building for months - and it finally came to a head today - when the Alliance took over Belize's main port.

Now, the Alliance has tried to inspect the Port ownership at least twice before - but they were blocked by security both times. Today, though, they came prepared - with a powerful detachment of police. 7News was first on the scene and Jules Vasquez reports:..

Jules Vasquez reporting
When we got on the scene at 8:01 am, the police had already taken control of the main gate - it was taken, we gather, without resistance. A convoy of vehicles related to the receiver were already queuing up at the second barrier

And police had already rolled into the heart of the compound - with Superintendent Alford Grinage coordinating the takeover. Present Port senior staffers were immediately enlisted and occupation of the main office was effected without resistance within under five minutes.

The police guarded the bridge and the container area while the receiver-appointed executives had the only cars parked in the driveway. There were as many as 16 uniformed and plain clothed police with Superintendent Grinage giving out strict instructions to secure and control all gates and entrances, the mast of the country's sovereign Port, secured by police. Within 13 minutes - business as usual was restored - and container trucks started passing into the port and employees were allowed in. Attorney Carlo Mason showed up followed by Vanessa Retriege - both of WH Courtenay and Company - but they were not allowed in.

Carlo Mason, Attorney
"I will not be allowed in?"

Sgt, Zuniga
"I will get a document to you right now."

Carlo Mason, Attorney
"You'll get a document to me? Okay."

Ashton Longsworth of Godfrey Smith's Law Practice gave them that document. Though they didn't want us looking over their shoulder and huffed away to read it - we got our own copy and here's what it says.

It gives notice of the appointment of a receiver, Arturo Vasquez and says that yesterday he was appointed by Private Investment Limited, a company with it's office at 60 Market Square - the same address as the Belize Bank - is the receiver and manager of all the property, assets and undertakings of the Belize Ports Limited, further to a mortgage debenture and mortgage deed both dated 9th April 2010.

The attorneys discussed this letter with Franzine Waight, the Deputy CEO. While that was happening, business as usual continued at the Port. Former Ports Commissioner Lloyd Jones seemed to be the man in charge on the ground and By 9:00a.m., the men in charge of the workers came to talk to the new bosses.

Antonio Gonzalez - President CWU
"We learned about this situation this morning and we are responding to it, being the union responsible and representing the workers at the Port of Belize Ltd. At this time we are unaware of who took over; we know it's the bank but the current situation we don't know. We will ask for a meeting with the persons concerned and thereafter we can tell you more. But at this stage we want to know what is happening just like you. We learned about this this morning."

Jules Vasquez
"Are you concerned that it will affect your stevedores?"

James McFoy, General Secretary, CWU
"That is our concern."

Antonio Gonzalez
"The concern is that as representatives of the workers here, we are concerned about the after effects. Any repercussions we will stand firm and protect our interest of our members."

They went into that meeting, but Rey David Geurrero - son of CEO Rainaldo Guerrero and senior Port Employee was not allowed to move freely on the compound though he argued his case with Ashton Longsworth - it was futile

But for the union reps it was not futile; they were out in half an hour

Antonio Gonzalez - President CWU
"As explained we met with Mr. Arturo Vasquez who is the person in charge right now and from the discussion we understand that he will be taking over Mr. Guererro's place as CEO. But that we were assured by him is that there will be no disruption of normal operations or any situation that will affect the status quo of our members and employees at this stage. Meaning that normal conditions will remain and continue until we meet and discuss further situation. Changes he said might come down the line but whatever changes or whatever things they have in mind, the union will be a part of that discussion and as such we reiterated and stood firm that we were looking after the interests of our employees and members and at this stage we want no disruptions."

James McFoy, General Secretary, CWU
"They themselves do not want any kind of disruption. In other words, they don't want the stevedores to feel jumpy about the whole situation. So in terms of that they might be asking to see that things remain as normal, calm."

Jules Vasquez
"Are you all concerned that you are now dealing essentially with the Ashcroft Alliance or in your mind, it's just one owner to the next?"

Antonio Gonzalez
"It doesn't matter who we are dealing with. The Christian Workers Union priority and firm position is to look after the interests of our members and employees to safeguard their work situation but at the same time we need to say that the union will be on this issue for the better interest of the our members. We will defend their interest whatsoever."

Jules Vasquez
"Let's say the next management is re-installed, would you then have a concern that you have shown loyalty with this Arturo Vasquez group?"

Antonio Gonzalez
"Jules as we said this is not loyalty to any entity. This is loyalty to our members, to the persons who are employed by the Port of Belize Ltd, period!"

James McFoy
"We work as partner so that the operation can be successful and that is our aim and objective. So that if whosoever is management, as long as you don't mash our "corn" we will work with you. So if they mash our "corn" then you will see a difference and that is it."

And next to appear on the scene was attorney Arthur Saldivar - he strutted impressively in front of the office, but was not allowed in and then strutted on over to us to tell us he appeared for Luke Espat and the Port of Belize.

Arthur Saldivar, Attorney
"Certainly what's going on in there is totally illegal. There is no basis for the action that has been taken at this time. I met with Mr. Vasquez already and he gave me a piece of paper that's not worth anything. I don't want to tell you where he can put that paper. Tux Vasquez through his own authority without no legal standing has entered into a state of illegality to occupy an office within the Port of Belize and has insisted that he has now the authority and control the company. But this is signed by Arturo Vasquez. If you can see any stamp form the Supreme Court you tell me. If this is what the laws of Belize have come to that a man can purport to be something and be given legal authority to take over an establishment with no legal basis, Lord, what have we come to? What have our laws come to?"

Jules Vasquez
"Possession is nine tenths of the law. This group PIL has enforced possession of the compound."

Arthur Saldivar, Attorney
"They have enforced nothing. What they have done is brought the police force to occupy illegally something that it not theirs. As soon as the police leave it will go back to its rightful owner."

Jules Vasquez
"Will your client re-take control of this company, of this compound?"

Arthur Saldivar, Attorney
"We are not leaving the compound. We will maintain our presence and occupation and regain control as soon as Mr. Barrow calls off his dogs."

Jules Vasquez
"Let's clear this up, you are a guest here, they let you in."

Arthur Saldivar, Attorney
"We have a right to be here."

Jules Vasquez
"Yes, but I am saying they let you in and these same police officers can also eject you. They let in Rainaldo Guerrero."

Arthur Saldivar, Attorney
"They cannot eject me! On what basis can they eject me?"

Jules Vasquez
"Who is in the CEO's office? Tux Vasquez."

Arthur Saldivar, Attorney
"Listen to me, if we are going to accept tyranny and call tyranny a part of the law of Belize then might as well you lock up shop and leave your office at Albert Street because at any time someone could come there purporting to have legal authority and remove you."

Jules Vasquez
"This is not as simple as that. These people have commercial banking arrangements."

Arthur Saldivar, Attorney
"There is no commercial banking arrangement. This is what I am trying to explain to you. The issue is one where a group of persons acting for PIL which is a member of the Ashcroft Group of companies have sought to illegally occupy this entity known as the Port of Belize without any cover of law."

Shortly after, we saw Luke Espat's Prado in the parking lot and then we saw him leaving - accompanied by Saldivar.

Then he went back on the verandah, and seemed to be barking some instruction at Superintendent Grinage - who seemed to be paying him no mind and then Grinage turned the tables and laid down the law and when Espat fired back, he had to talk to the officer's back.

And when he went back to the door, two female officers held it. Espat retreated calmly had a discussion with Guerrero Jr and Saldivar and waved confidently to the press then drove out and signaled for us to meet him at the first gate -

where he had to cajole the security - telling them he was still their boss - to let us into the compound.

Torn, the security did open the gate - even as police - was telling us to move.

Jules Vasquez
"Luke, what's the status right now?"

Luke Espat, Titular Owner, Port of Belize
"Well, there's no status. What has happened this morning is as you have seen the police have assisted the breachment of a security area with - what we'd call - a receivership document presented by some of our creditors. This was done and was able to happen only because of the assistance of the police of which I am respecting. But technically it should have been an official court order of which they don't want to do because they know this is typical, the epiphany of a white collar crime that is being committed here today."

Jules Vasquez
"How so? You feel the Port is being stolen from you?"

Luke Espat
"It technically is, literally. The Port is current with its obligations. The Port had other interests with other investments surrounding the cruise terminal of which the parties involved are some of the creditors. There were other arrangements made as far back as the end of 2009 which they have seen not to honor because of other special interests. Of course all this will come out in time."

Jules Vasquez
"But I understand that you went in there in the board room just now, threw a fit and were ejected. This is what I was made to understand."

Luke Espat
"I threw no fit. I made it clear to my CEO that the police will have to stay here because the day they move I am taking back my business. So it is as clear as that."

Jules Vasquez
"On what legal basis? A receiver has been appointed and he has activated possession."

Luke Espat
"Go to the court. I want a court appointed receiver. That is all I am asking."

Jules Vasquez
"But aren't there provisions in the original commercial arrangement with PIL that enable the appointment of a receiver?"

Luke Espat
"That is a questionable matter to be debated in the court. I am no attorney, let the judge decide that."

Jules Vasquez
"But now Luke how has it all come to this? You were just ejected from the head office of your Port."

Luke Espat
"I wasn't, I came out."

Jules Vasquez
"But I saw you arguing outside with Mr. Grinage."

Luke Espat
"I was discussing with the officer to where to make camp for his police."

Arthur Saldivar, Attorney
"There was no breach of the peace to have warranted police presence here today. The only breach of the peace that has taken place here now is that the legal and rightful authority to be running this Port has now been replaced illegally by this Ashcroft Alliance with the help of the Belize Police Department."

Luke Espat
"This of course will continue its path through the courts. It will get into a lengthy litigation process to which I know the people that we will be up against are professionals in this field. You have seen what they have done with government and the previous administration. But I am sure that we have all, enough goodies to take care of our affairs with them and we will get back our business and secondly as long as the police force is not here, I'll be back."

Jules Vasquez
"As the titular owner of the Port will you be seeking the intercession of the government of Belize? Will you be seeking and audience with the Prime Minister?"

Luke Espat
"I see no use in that. I have informed the Prime Minister this morning that he was helpful in allowing rogues to steal my business. He said his police force was only here to keep the peace as far as he knows and I informed the senior officer of this."

Jules Vaquez
"Do you feel any grievance or enmity against your former friend, or you told me he was your friend, Mr. Ashcroft?"

Luke Espat
"Of course not."

Jules Vaquez
"But he is the moving hand presumably, he is the moving hand behind all this."

Luke Espat
"There is an old saying that says God bless those who suffer fools and he has a new company by the name of Waterloo. I definitely won't be Napoleon."

And while he lives to fight another day, - according to bank documents 7news has obtained - Espat may have already faced his Waterloo - at least with his creditors.

A letter dated yesterday from the British Caribbean Bank to the Port of Belize and signed by Andrew Ashcroft - the son of Michael Ashcroft - discusses a thirty eight million US dollar credit facility with the Bank - that is 76 million Belize dollars. It refers to events of default and warns of noncompliance by the Borrowers which is the Port of Belize and related parties. There's also a letter dated third January from the inscrutable Private Investment Limited, addressed to the Port of Belize about the Luke Espat Group.

It makes it clear that, quote "no settlement agreement was ever reached…." It also discusses the loan and security arrangements and says that quote "there is no basis whatsoever for any suggestion that you have somehow been disadvantaged by its terms."

It concludes by telling Espat he has failed to pay interest on the loan - and that the outstanding interest stands at 3.7 million Belize dollars.

It says that they are willing to discuss a resolution, but the Espat group first has to pay its interest. This conflicts squarely with Espat's version, in which he says he is current with all payments.

For the Luke Espat Group, the Port is the very last jewel in its tattered corporate crown. All his companies and ventures: Indeco, Crocland, The Renaissance Towers and now the Port have been lost to receives and taken over by the bank.

Reliable reports say that at its peak the Luke Espat Group's entire debt portfolio represented a cumulative debt of close to 200 million Belize dollars.

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