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The ongoing trial against Cabinet Minister, Hon. Wilfred Elrington, resumed at the Supreme Court this morning before Justice Courtney Abel. As viewers may recall, a lawsuit was filed against Elrington by his former business partners, American nationals… Lawrence and Adam Schneider, who are also the directors of Progresso Heights Limited, a real estate company in which Elrington was named a minority shareholder… dating back to 2003 when Elrington was a practicing attorney.

However, following a dispute among the partners, they parted ways in 2009 where the company then filed a lawsuit against Elrington, alleging that they had deposited money into Elrington’s account as he was to act as the company’s attorney in the processing of 16 land titles which were never obtained despite reports of the paperwork being done.

While that case has been before the Caribbean Court of Justice and was settled where Elrington was ordered to produce those documents, the current case before the Supreme Court which is in relation to the last one, however, was brought on by Elrington himself as he claims that the directors have failed to comply with the requirements of the Companies Act as the directors should have been holding meetings and keeping records, prompting Elrington to caution several lots, forbidding them from being sold.


Representing the Company is Senior Counsel Eamon Courtenay who is attempting to get the caution lifted and obtain compensation for damages. While Elrington is representing himself on the other hand, during this afternoon’s session, he was joined by attorney Orson Elrington who questioned him for the sole purpose of getting his statement submitted into evidence. Elrington was later cross examined by defense attorney Eamon Courtenay. During the morning session, the Senior Schneider testified via video conference after being granted permission by the court to do so and was cross examined by Elrington.


Screen_Shot_2019-07-31_at_6.04.08_PMHon. Wilfred Elrington – Litigant


“The articles which govern the company says that only the company in general meetings can appoint auditors any auditor appointed outside of that provision is acting unlawfully, you see what I mean, and if the company doesn’t authorize you to sale its land and you engage in sale of its land even if you are director you are acting unlawfully without the authority of the company.”


Reporter


“Both of you were in agreement that you were responsible to deal with all legal issues in Belie for them to be in compliance with corporate laws here correct?”

Hon. Wilfred Elrington – Litigant

“Well, you see what happens when I try to explain look you are not acting properly because they are working in the United States and I am in Belize, how can I know what they are doing there is absolutely no way for me to know what they are doing and of course I am busy engage with politics and my business and when I got wind of what was transpiring, I met with them in Miami look what you are doing is not correct and it is not proper you can’t be paying up to companies just like that and immediately they have to get their own attorneys because the are upset you know.”

 

Reporter


“But are you saying that since 2003, my understanding is that this all goes back to then since then they were not not having AGM’s and it was your responsibility to inform them that you are not complying ?”


Hon. Wilfred Elrington – Litigant


“No, you hear what he said, he is doing with companies in Belize for twenty years and in the United States twenty-five the man is a seasoned company man, ask Jules father about AGM’s every year BTL holds one, every year Mrs. Jane holds one how it is that a seasoned 24/25 year old American doesn’t know who claims…”


Reporter


“As attorney, exactly, 20 years you say nothing until 2010?”

 


Hon. Wilfred Elrington – Litigant


“You come to me and you ask me for advice, I will give you if you don’t ask me for advice I can’t give you.”

 

Reporter


“But you are a shareholder?”


Hon. Wilfred Elrington – Litigant


“Concede! but if you don’t ask me for advice in the management I can’t, I am a shareholder in BTL so myself but I can’t tell them what to do , never have I gone there.”


Reporter


“That would be a different case, these are less shareholders just about three total?”


Hon. Wilfred Elrington – Litigant


“It doesn’t matter a shareholder is just a mere shareholder you don’t have no business there.”


The case has been adjourned to Tuesday September 17th, 2019 for legal submissions. 

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