7 News Belize

Is Mayor Tempting Fate With Contempt Proceedings?
posted (June 10, 2013)
7 weeks ago, attorneys for Belize City Council, and Belize Waste Control went before Justice Michelle Arana, hoping that before the Supreme Court, an amicable resolution could be ironed out so that City Hall can pay BWC 2.3 million dollars.

It is an outstanding debt owed to them due to an arbitration award which CitCo hasn't paid since 2005. Viewers may remember that BWC started court proceedings to have Mayor Darrell Bradley cited for contempt in February, and since then the court has adjourned it twice.

Neither side want to proceed with it because Mayor Bradley risks being sent to jail, but BWC has used the committal application to give teeth to their threat that City Hall must pay the money, or else.

Well today, the matter was called up again before Justice Arana, and 7News found out that BWC may be giving Mayor Bradley one last chance before they press for committal:

Michael Young - Attorney for Belize City Council
"There was a report to the judge today, it was by the attorneys for the parties. Essentially the Belize City Council, through a letter which I wrote to their attorney to pass to their clients and to get instructions on it - we indicated what we think is a way forward, to settle the issue. It goes beyond just the monies that are owed to Belize Waste Control. It has to do with the fundamental responsibility of collecting and disposing garbage in relation to the city. We made a proposal contained in a letter which was prepared carefully and instructions of the City Council, fundamentally saying let's discuss the matter of settling along these particular lines. They have rejected that invitation on our part, I'm not going to judge them - they have their position, I consider it to be unfortunate. The position then is that the application for the committal of the Mayor is still outstanding and if that case were to come up, I'm going to stand there in defense of the Mayor and the council and defend them as is fair according to the law.

Fred Lumor - Attorney for Belize Waste Control
"There was a promise by the City Council that they would submit to us some proposal for considerations so that today the matter would have concluded. We did not any receive any letter from them until Friday. This letter has basically done two things, Firstly is to set conditions for complying with a court order basically saying that 'we are prepared to raise some money from Central Government to pay you' but 'you have to write off 1.3 Million plus the cost of the action' through discussion and setting objectives from the City Council. Secondly, there is not specific items that have been identified to us that they are asking Belize Waste Control to buy with 1.3 Million Dollars - so basically we are to write off that amount to discuss certain objectives. Now the way City Council sees it is that there is a commercial collection, Waste Control collects garbage from residential dwelling and also commercial houses. City Council is saying that they are not doing well with collection of commercial customers, but we are prepared to assist you to do well provided you write off 1.3 Million Dollars."

Daniel Ortiz
"I'm very sure that your client's rejected that."

Fred Lumor
"Of course, this letter is not only patronizing - it's a smoke. He is not a business man that will allow Municipal Authority to set conditions for complying with a court order to pay money that they owe."

Michael Young
"They are saying that they do not wish to pursue these discussions that we have recommended, it's really for them a question of collection of the balance of the judgment debt. But really the proceeding before the court would be an application for the committal and sequestration of the mayor and his property"

Fred Lumor
"It is not the interest of Belize Waste Control to see anybody punished or fined, we want a municipal authority to obey a court order. The court order is to pay the judgment debt forthwith April 2nd, 2012 they were to pay 'please present to the court a schedule that you follow in paying the debt.' That is what we have now received for today, the judge has now adjourned the date to July 17th and asked the City Council to submit a schedule that they will follow towards to debt."

Daniel Ortiz
"Citing the Mayor for content - what could that amount to?"

Fred Lumor
"It will amount to two things - the seizure of this assets and all the assets of Belize City Counctil. 2 - They will fine the Mayor or 3 -send him to jail."

We contacted Mayor Bradley this morning, who told us that he was not in a position to comment at this time.

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