PHILIPSBURG.- The Larimar case is about corruption in Sint Maarten. It concerns payments of bribes around several major construction projects and money laundering. Several individuals are suspects in this case. Explanation of the case and evidence brought forward by the Prosecution can be found in the animation attached to this press release. https://youtu.be/A2XnDrhFTVA
Penalties demanded today, the Prosecutor presented its demands in the cases against the defendants H., P., E. and B. The Prosecutor demanded a prison sentence of six and a half years for suspect H., and the deprivation of unlawfully obtained profits. A prison sentence of one year was demanded for suspect B. The Prosecutor demanded community service of 140 hours for the suspects E. and P. The Prosecutor demanded a prison sentence of three years in the criminal case against crown witness, M. (the consultant).
Projects: The charges included two one-time projects for which bribes have been paid: a dredging contract for the port and the construction of the Causeway Bridge. In addition, the case concerns the longstanding and structural relationship that existed between a local construction company and politicians on Sint Maarten. A fixed amount had been agreed to be paid monthly and a percentage for each project.
Crown witness: An agreement has been made with the suspect M., where the Prosecutor will demand a lower sentence in exchange for testimony against the other defendants. This agreement has been cross checked based on three criteria: seriousness of the offence, the least far carrying measures and reliability. The fact that the current Code of Criminal Procedure of Sint Maarten has no regulation for this is not an obstacle; such agreements are recognized and permitted in the case law of the Supreme Court.
The Prosecutor addressed the perception that in this case “real” Sint Maarteners were being unfairly and harshly judged, while there was more lenience towards the “Dutchies”. This perception is incorrect. The Dutch construction companies involved in this case did not escape prosecution. The Office of the Public Prosecutor and the Fiscal Intelligence and Investigation Service (FIOD), in the Netherlands, has started an investigation into this company. The statements of the crown witness in this case play an important role.
The Dutch parent company of the construction company on Sint Maarten will not get away with a “slap on the wrist”, but it will have to pay a monetary penalty of $2 million. This is to be paid in the form of a project for Country Sint Maarten. The former director of this company, one of the five suspects, also stood trial this week. Although the crown witness has been granted a lesser sentence, he is still facing a three-year prison term. While the deprivation of the crown witness’ unlawfully acquired assets may be deemed modest, on the other hand he must relinquish real estate and the life he had built up.
Therefore the Sint Maarten politician is not the only who pays a price for the long duration of criminal offences. He can be seen as the driving force behind a number of developments and construction projects that are important for St. Maarten, such as the expansion of cruise tourism to the island and the construction of the Causeway Bridge. However this is and should not be an excuse for corruption. Moreover certainly not if this corruption means that the taxpayer pays millions more for government projects, so that H. can also fill his own pockets. As a result, the people’s trust in the public administration of Sint Maarten has been violated.
