Last night we told you about ranking PUP Steve Nembhard who was remanded to prison on Monday night for six thousand dollars he owed PUP Five Star General Winston Smiling.
On his behalf, a friend of Nembhard's called us so say he got out of jail after paying five thousand dollars.
Well today Smiling and his attorney Michael Peyrefitte were back in court because they say that Nembhard is a flight risk who has dodged the court on several previous occasions.
Peyrefitte says he should have paid three thousand dollars in to the court at the end of June - and then that was pushed to July eleventh, when that date passed Peyrefitte applied for a judgment summons.
And that brings us to yesterday's payment which Smiling says was not five thousand but a little more than three thousand dollars - he explains why that is not satisfactory:
Winston Smiling - Wants Full 6K He's Owed
"You all reported that Mr. Nembhard claimed that he paid $5,000 toward the debt, which is the furthest thing from the truth. The record shows, this morning when my lawyer and I came to court, that he paid $3,600 in 3 different payments, okay. And I wanted to clear that up, okay, because it will send the impression that I am pressuring him for a $1,000, which he didn't pay. For me it is not the money; it's the principle, and the dishonest way in which he pulled me through the court, because in 4 hearings, he denied getting any money from me. He went as far as to say to the court that the police officer that I sent the money to for him, when he was locked down in Corozal, is a liar. He said that to the court. Until he was cornered, he broke down and admit that he got the money and was begging me for time to pay."
Michael Peyrefitte - Attorney for Winston Smiling
"The whole unique aspect of this case is that Mr. Nembhard gives as his permanent address and domicile, Mexico City. And that is the whole problem here because while we require the entire amount to be paid and to ensure that Mr. Nembhard will make the payment, is because he doesn't live here. He lives in Mexico City. Yesterday, some payments were made, but then, we have to come back to court tomorrow to make a final determination by the Magistrate as to whether or not, he will require Mr. Nembhard to pay all or pay in installments. But we have to ask to the Magistrate, but it's the Magistrate's discretion. Now, we are going to ask him to have Mr. Nembhard pay all the money, or have it be paid, because Mr. Nembhard, quite frankly, doesn't reside in Belize. And if he leaves, and even has time to pay, he may never come back."
Jules Vasquez
"But I get the impression your client will seek that he remain in prison until and unless he pays the full amount."
Michael Peyrefitte
"Well, that is our position, and that should be our position, because then, Mr. Nembhard has more times than one - 3 times - ignored the orders of the court. So we believe that he only understands one language, and we believe that the only way he will pay this money is if he is detained, and incarcerated."
Jules Vasquez
"It's your PUP brethren how..."
Winston Smiling
"This is not about politics."
Jules Vasquez
"But everything is about politics..."
Winston Smiling
"In your mind, but not in my mind, okay, not in my mind; this is much more. We have to stop this thing about red and blue and politics. This country belongs to all of us. There are times that you apply your political work, when you're in the campaign mode. After that, this country is ours, man. So please, understand that."
Jules Vasquez
"So, do you seek that he re-incarcerated for the remaining figure?"
Winston Smiling
"If he doesn't pay, that is my stand. It is all or nothing and I don't care. I would walk away from $6,000 if he spent 10 years in prison and doesn't pay the $6,000. It doesn't matter to me. I responded to him at a time and need; they had him locked down similarly in Corozal, for money that he owned the court."
Jules Vasquez
"You felt that your entire beef with him is that he solicited a donation on behalf of the Party Leader from a northern businessman, and you were upset because the businessman is contact, and you intervened, secured the donation yourself, and then forwarded it to the Leader. So you felt that he is cutting in your action?"
Winston Smiling
"Jules, the same way he told the media yesterday that he paid $5,000, which is not true, is the same way he continues to lie. I don't know anything about any businessman, with any money he collected. If he collected the money and gave it to the Party, that's fine, because as you said, I'm a PUP, and if my party gets money, I'm happy for them. Why would I be mad for that? That is nonsense."
Tomorrow, they will formally ask the Magistrate to require Nembhard to pay all the money.
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