Suspects in criminal case La Certa were also convicted on appeal for asking for bribes during the search for a new strategic partner of the Refineria di Kòrsou.
WILLEMSTAD - The Joint Court of Justice has today sentenced four suspects in the La Certa investigation to prison terms of 36 and 30 months. These suspects approached a candidate outside the official public tender project and asked for millions in bribes which in return will choose this company as the new strategic partner of Refineria di Kòrsou (RdK), the Curaçao refinery.
The Court is of the opinion that the appeal by the Public Prosecution Service (OM), namely a prison sentence of 24 months for each suspect, does not do justice to the extremely socially disruptive nature of the criminal offence. One of the suspects, the former statutory director of RdK, Roderick van Kwartel was recruited at the time to find a strategic partner for RdK.
Roderick van Kwartel
Subsequently, this former statutory director of RdK, together with the former technical manager and the former mechanical inspector of RdK, and an external consultant, approached a candidate outside the official tender project and asked for millions in bribes.
This candidate subsequently withdrew, with all the consequences that entailed. The actions of the suspects had the direct consequence that a serious candidate withdrew to become RdK's new strategic partner, and the suspects thus seriously hindered the finding of a new strategic partner for RdK.
In addition, the suspects, especially the former statutory director of RdK in his position as a representative of the government of Curaçao, have particularly damaged the image of the Country, which may deter future investors and others from doing business with RdK or Curaçao.
The Court considers this subversive act heavily against the suspects, in particular, because of the compelling interests of the Country and the citizens of Curaçao in the exploitation of the refinery. After all, the refinery provided employment and was an important source of income for many citizens of Curaçao.
In view of the major social impact of the criminal offense, the Court of Appeal sees reason to impose a higher prison sentence than demanded by the Public Prosecution Service on appeal. The Court, therefore, sentenced – just like the General Court – the former statutory director of RdK to a prison sentence of 36 months and the former employees of the RdK and the external consultant to a prison term of 30 months.
The suspects and the public prosecutor have 14 days to file an appeal in cassation with the Supreme Court in the Netherlands.