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DH | Court hears dismissal case of director of Windward Roads

HomeMediaDH | Court hears dismissal case of director of Windward Roads
The special Anti-Corruption Task Force (TBO) team searched the office building of Windwards Roads in Philipsburg in January 2018. (File photo)

PHILIPSBURG–In September a judge in the Court of Den Bosch in the Netherlands decided in summary proceedings filed by Dutch construction company Janssen de Jong against former director J.B. of sister company Windward Roads that the mother company must pay B. his salaries until his labour agreement has been legally terminated.

B. is suspected of corruption estimated by Janssen de Jong to the tune of at least 4.25 million euros. Therefore, the company finds it unacceptable that B. is still entitled to his salaries.

However, the judge in Den Bosch disagreed. Despite the allegations, the ex-director has a right to his salaries until the Court of First Instance in St. Maarten has reached a verdict in the main proceedings concerning his dismissal, the Court ruled. The dismissal case was heard in St. Maarten on Friday.

‘Larimar’

The Windward Roads office was raided in February 2018 in connection with a large-scale investigation into corruption. B. is one of the main suspects in this so-called “Larimar” case. Under his leadership, company money was allegedly used to pay bribes to civil servants and to politicians, Theo Heyliger among them. The Prosecutor’s Office also suspects B. of fraud and money-laundering.

The suspended director of Windward Roads has been at home, sick, since the raid. The St. Maarten company’s shareholders fired him in January 2019. However, the judge in the Dutch Court ruled that B. can still rely on his employment with Janssen de Jong via Janssen de Jong International Secondment Agency B.V. (JISA).

B. allegedly also used monies from Windward Roads’ bank account to pay for private expenses and for his ex-wife and children. Several hundred thousand guilders were spent on quality flooring, dental expenses and purchases at furniture retailer Ikea. Even the alimony for his ex-wife was paid by his employer, Janssen de Jong’s legal team stated.

Windward Roads allegedly paid 2.5 million euros to consultant R.M., who is the crown witness in the Larimar case. A forensic accountant discovered the “plundering” of the Philipsburg-based construction company. The construction company itself will not stand trial, as the Prosecutor’s Office has agreed to a settlement under which the company is obligated to carry out infrastructural works at a cost of two million euros.

Janssen de Jong not only lost a lot of money, the case also caused a new dent in the construction company’s image which was previously discredited due to construction fraud and price agreements in the Netherlands. Therefore, the company wants to sever all ties with Windward Roads’ director B., as it holds him fully responsible for the fraud.

The special Anti-Corruption Taskforce TBO searched the Windwards Roads Infrastructure office building in Philipsburg in January 2018.

“The construction company and persons who work there or have worked there are associated with bribery of civil servants, authorities and persons in the construction sector. These practices would have been taking place in St. Maarten for years; all suspicions are related to [public – Ed.] works carried out in St. Maarten,” the Prosecutor’s Office said in a press release after the search.

B.was arrested in February 2018 on suspicion of bribery and corruption. He was held for a week and will be standing trial at a later date on an extensive list of charges. The first two relate directly to the amounts paid to Heyliger of almost $1,850,000 and the repairs done to Heyliger’s private home to the tune of NAf. 135,000, to be awarded one or more public construction projects.

‘Emerald’

In the so-called “Emerald” case B. is also accused of falsifying numerous invoices over the period June 17, 2013, to December 31, 2015, to pay a number of companies a total of $627,700 for fictitious work at Port of St. Maarten never carried out on behalf of Windward Roads.

Janssen de Jong said the raid, arrest and suspicions came as a total surprise, adding that B. had never explained himself about the accusations. Janssen de Jong holds B. personally liable for the total damages.

According to Janssen de Jong, it has the right to sever all ties with B. due to his “culpable criminal acts, as he accepted bribes and extracted far more than $500,000 in company assets.

He uses everything to benefit financially, the company’s legal team stated, as B. had called in sick and claims that he is unfit for work.

“He tries to gain shameless advantage. This should not be tolerated. He does not take any responsibility and behaves as if he is the victim in this case and states that the criminal offences are due to the behaviour of others,” lawyer S.C.L. Lint said, adding that B. had not responded to the letter of suspension or to the criminal charges.

B.’s attorney K.D. L’Isle claimed that Janssen de Jong is liable for damages, as it had not adhered to the legal cancellation period under the labour agreement.

She said that not just B., but also Janssen de Jong board members had committed crimes. “The company is only pointing at my client and letting him pay for everything … but the amounts involved in this case are pocket change. Now, Janssen de Jong board members are sitting in the shade and say that they have nothing to do with this, but when this case is over, they will continue like nothing has happened,” L’Isle said.

At the end of Friday’s hearing, the judge allowed parties to submit written documents to the Court until a December 6 deadline. A verdict is expected by January 15, 2020.

Bron: Daily Herald

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