7 News Belize

GOB Vs. Andre Vega In Court
posted (June 5, 2019)

Back in October 2016, former Deputy Prime Minister Gaspar Vega resigned from the Cabinet as Minister of Natural Resources. 

That’s after news broke that a land scandal had been discovered, in which Vega’s son, Andre, was compensated $400,000 dollars, for land which his ministry sold. That land was privately owned, which meant that the Ministry should not have touched it. Under Vega’s leadership, they did so anyway, and ended up costing the Government a total of $800,000, half of which was paid to Andre Vega.

The big deal was about a 1.057-acre parcel of land near the Haulover Bridge, between the Caribbean Sea and the Philip Goldson Highway. Back in January 2013, Gaspar Vega approved the purchase of this piece of land, supposedly from the Government. By that time, however, it was already privately owned. This prime piece of real estate was valued at several hundred thousand dollars, but directives were given to Lands Commissioner to sell it for only $2,500. The new paper owner of this duplicate land title, became accused murderer, Hilmar Alamilla, who is currently on remand awaiting trial. Sources say that around the time of the sale, Alamilla was well-connected to the Vega family.

A few months later, in December 2013, Alamilla sold the paper ownership of this same piece of land to Andre Vega for $15,000. All this time, lands surveyors from the Lands Department had already indicated to their bosses this land wasn’t government land, and it should have been left alone. So, those in authority ought to have known that they were duplicating title ownership to this parcel.

Nevertheless, it triggered the Lands Department’s compensation mechanism, in which the owner of the duplicate title - in this case, Andre Vega - had to be compensated financially for this irregular transaction. But, he didn’t get a refund of the $15,000 he paid. He was instead compensated for this land at market value of $400,000, and in September 2015, just before the Natural Resources Ministry portfolio was reassigned from Vega to Godwin Hulse, Vega’s son, Andre, got compensation, in which $100,000 was paid upfront, and $50,000 was paid to him monthly, until the entire sum was covered.

There was public outrage at the discovery of this compensation at the expense of taxpayers, and days later, after the Prime Minister was asked about about it, he returned in a press conference to announce that Vega had resigned. He promised that the Government would make attempts to get that compensation money refunded, and a few months later, the Attorney General’s Ministry commenced a civil suit against Vega. 

Today, nearly 3 years later, that case finally made it to trial, where Lands Commissioner Wilbert Vallejos was called to testify by Assistant Sol. Gen. Samantha Matute-Tucker. 

Vallejos was the only witness for the Government as claimant, and Steve Perrera, Andre Vega’s attorney, called him to testify in response. In only 2 hours or so, the evidence taking portion of this trial was completed in which Perrera pressed Vallejos to admit on the stand that he had not presented any evidence to the court that Andre Vega, himself, acted corruptly to become unjustly enriched at the expense of Government. 

In fact, at this time, the duplication of the title which triggered that compensation, is being treated as an error that the Lands Department made. At least, that was the perspective of the defense, which is attempting to convince Justice Courtney Abel, that the compensation should not be reversed. He shared that same perspective at midday today, when the media got a chance to speak with him. The press challenged him on that position, and here’s who that conversation went:

Reporter
"What was the case that Government is trying to make against your client?"

Estevan Perrera - Attorney for Andre Vega
"It would be best that you speak to the attorneys for the claimants, which is government attorneys, so that you could get a correct understanding from them as to what their position is. Our interpretation of what their position is, is merely that they wish not to proceed with the settlement agreement that was signed. Our position simply is that we believe that there is a short issue for this matter, and it’s whether or not the settlement agreement is in fact a valid document, and whether or not the Government of Belize can enter into settlement agreements with investors, third parties, and land owners to settle disputes, and if they should stand by it."

"They are saying that because the defendant would have known at the time of entering the settlement agreement, that his title may have issues with it, that settlement agreement was wrong, and cannot be enforced. Now, the issue that we have with that is, if you think about it, on the simplest of sense, if that if 2 titles are issued. One title is issued to person A, and one title is issued to person B, it is obvious that one of the titles would have an issue.  It is that same issue that brings the government to the forefront, through the Ministry of Natural Resources, to enter into a settlement agreement, with one of the parties, the party that is willing to return one of their titles."

Reporter
"Can you speak to the issue of unjust enrichment that’s being alleged against your client?"

Estevan Perrera
"You’d have to ask that question to the claimants’ attorney because I still see where that claim is founded."

Reporter
"When this issue first emerged, documents became public knowledge in which the technicians told the bosses of the Natural Resource Ministry that this particular piece of land, is not available to let. Shouldn’t your client have known this? Shouldn’t your client have been able to research and and ensure that this land was not available to let?"

Estevan Perrera
"Let me say firstly, that we have knowledge that communication, or that information that you just said. That did not form a part of the claimant’s case. That did not form a part of the claimant’s case. There is nothing in their evidence with that. Secondly, again, when looking at a case like this, one has to appreciate that when you, or I, or an investor, or any Belizean, goes to do a search on a title, we trace back the title to the Minister’s Fiat Grant, and the root of title. And so, it’s extremely difficult, if the government issues 2 Minister’s Fiat title. It’s extremely difficult for any searcher to find both."

Reporter
"The public perception of this transaction within the Ministry of Natural Resources [is] that it was plain and outright hustling. How would you respond to that?"

Estevan Perrera
"Well, again the claim that’s here is not about hustling. There is no evidence about hustling being put forward. There is no situation in their claim presented in their claim speaking of any hustling, or providing any evidence of any hustling. I made that clear as you would have noticed in the court. I asked the Commissioner of Lands directly, whether or not there was any indications of any actions taken by the first defendant that would appear to be in the form of corruption, and he indicated clearly, no."

Reporter
"Are you and your client cognizant, however, of the fact he became the beneficiary of a compensation, when the Minister at the time was his father, and part of the decision making process landed on his desk?"

Estevan Perrera
"I cannot speak to the decision process, and who had any discussions with respect of the settlement of the drafting of the agreement. That again, you’ll have to speak to the Government attorneys for that. We can only speak to the settlement agreement that brought us here."

So, now that the Government and Andre Vega have already given their evidence, Justice Abel has ordered that the attorneys for the 2 sides make written submissions to him. They will return on July 19th, to make oral arguments before the judge.  We’ll be there to tell you how that hearing goes.

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