After a most unusual one-week suspension, John Saldivar is back as Minister of Defence tonight. Saldivar was put temporarily on ice while the Prime Minister got a legal opinion on whether he and William Danny Mason were actually business partners. This, after the certificate of registration for a company called Bandits Sport was revealed. It showed Saldivar and Mason as joint shareholders.
Saldivar said he abandoned that partnership when he got information that Mason had a shady business history, and he went on to form another company.
Well, the Prime Minister wasn't quote convinced and he had pledged to seriously review the matter if evidence did she that Saldivar and Mason were in business.
And - while there is an inescapable political logic to the entire affair, the PM went for a legal opinion. And, that opinion says that Saldivar is in the clear. The un-named source of the political opinion concludes - to quote from a government press release, that "after the company was formed...(Saldivar) took no steps to actually allot to himself or Mr. Mason any of the shares to which they had subscribed. This meant that they never actually became shareholders and the company never got off the ground." That's the board conclusion, but the even more finessed legal version states as follows (quote):
"...there is no allegation that Hon. Saldivar interacted or associated with Mr. Mason in any way after he said he terminated contact with Mr Mason. It is not alleged he did anything. The charge against him is solely that by remaining a shareholder, in common with Mr. Mason, in a company which apparently never did anything after it was incorporated, Hon. Saldivar thereby remained in a business relationship with Mr. Mason"
"15. That is a purely legalistic argument. For the reasons stated above it is wrong. Common ownership of shares in a moribund company does not put shareholders in a business relationship with each other."
And while that is a legal opinion, political opinion is usually not so forgiving, but, it appears that coming off a week of unprecedented Cabinet upheaval, the Prime Minister can scarcely afford to exile another minister to political purgatory.
Putting as good a face on it as possible, the government press release merrily concludes, "the Prime Minister was pleased to clear Hon. Saldivar and direct full resumption of his Ministerial authority and portfolio duties."
Our news team was in Belmopan for the end of the Cabinet Meeting to try to get a few clarifications from those Ministers who attended. Now, as viewers know, there is a confidentiality clause, so trying to get specifics from the ministers who do indulge us in an interview is always like pulling teeth. They aren't able to speak freely since Cabinet business is to be kept confidential. We did get an opportunity to speak with Ministers "Boots" Martinez and Godwin Hulse, who are always forthcoming with press encounters, and they discussed the reinstatement of their Ministerial Colleague, John Saldivar:
Hon. Anthony "Boots" Martinez, Cabinet Minister
"It was a basic legal opinion and in my view I am happy to say that the legal opinion vindicated my colleague, at least cleared my colleague."
Reporter
"Whose legal opinion was it sir?"
Hon. Anthony "Boots" Martinez, Cabinet Minister
"I don't know whose legal opinion. It was a legal opinion that was presented to the Prime Minister and I think that I would want to refer to that legal opinion or have the question to directly whose legal opinion was it by the Prime Minister."
Daniel Ortiz, 7News
"Given that this is the outcome, were you in communication with Mr. Saldivar last week or did you discuss this with him that the decision of the Prime Minister to have him sit out ministerial duties for one week?"
Hon. Anthony "Boots" Martinez, Cabinet Minister
"Well it was discuss at Cabinet. At least the release of last week cabinet say that it was discussed at cabinet and a decision was made by the Prime Minister at the time."
"From I look at the situation last week as an ordinary citizen, not even as a minister looking on the documents that was presented, I my humble opinion I think it was in August of 2015 - in my humble opinion also to Minister Saldivar stating that he severed ties with Mr. Mason in September of last year. I might had a different opinion had the documents been after September of last year."
Hon. Godwin Hulse, Cabinet Minister
"The Prime Minister has shared with us and the opinion is that with respect to the company, that shares were not issued and really there was no functioning company. They were subscribe, but they were not issued, so it cannot say that the man had a business relationship, because the company was just paper. No shares were issued and as a consequence, there could be no relationship. That is my general understanding. I'll say no more on the matter because it's a very legal thing."
Daniel Ortiz, 7News
"You as a minister, your integrity is being questioned. Would it nor have been prudent to jus disclose everything and just say see this is all of it on the line, I have nothing else to hide?"
Hon. Anthony "Boots" Martinez, Cabinet Minister
"That is not a question for me sir."
Daniel Ortiz, 7News
"Were you in that position..."
Hon. Anthony "Boots" Martinez, Cabinet Minister
"Listen to me - then you are asking me to answer for a man. I am not in that position, so I won't pretend to answer what will happen being in that position."
Daniel Ortiz, 7News
"Having a document which says that shares, even in a defunct company. Shouldn't that have been something anybody would have want to disclose? 'See I am giving you everything, there is nothing to hide.'"
Hon. Godwin Hulse, Cabinet Minister
"The man said it's from September and from September he said I had no further business relationship or no business relationship. If that is what the opinion said that that is not a business relationship, I have to accept that."
So, while the Prime Minister's unnamed attorney concludes that there is no business relationship between John Saldivar and William Mason, we have found out that simply leaving a company untouched, with no activity, is not enough for it disappear under the Companies Act. We have done some checks at the Belize Companies and Corporate Affairs Registry. The company, Belmopan Bandits Sporting Club Limited, which currently recognizes Saldivar and Mason as 70-30 business partners, is still registered. The Saldivar camp's position on this company, which they say is not the parent company for the Belmopan Bandits Football Club, is that it is"defunct". That means that it is not functioning at all. Well, the Companies Registry Department still recognizes it as limited liability entity, and they are legally obliged to do so until either of the two directors, William Mason, who's in jail, or John Saldivar, go in and apply for it to be de-registered. Right now, the Companies Registry is expecting either of the two directors to go in and file financial statements on this company.
The experts tell us that such dormant companies could still exist in law for 10 years before the registrar starts to take steps remove it. For that to happen, the Registrar will have to print notices in the Government Gazette for up to 6 months to get the directors of companies to come in and update information on it. The company is then dissolved, and all its assets are then liquidated.
Neither of the Directors of the Belmopan Bandits Sporting Club Limited have take any of these steps, so as of right now, this is what is in the Companies Registry File. We do note that on August 22, 2016, John Saldivar went to the Companies Registry to register the business name "Bandits Sports". The Saldivar camp explained that this was the new name for the Belmopan Bandits organization, which they took on as part of a renaming exercise. Interestingly, Saldivar did this 5 weeks after the William Mason was accused of being the mastermind in the Pastor Llewelyn Lucas beheading murder.
Email
Print