~ Talking Drums Foundation speaks of crimes ~
PHILIPSBURG--Emotions flared at the Courthouse Monday afternoon when half-brothers Julian Rollocks and Cimmaron Marlin faced off concerning Talking Drums Foundation in which both are involved.
The non-profit organisation, established in November 1998, can be considered Marlin's life's work. Its objectives are to promote greater awareness of the African heritage and black role models, and to organise charitable activities. One of the most eye-catching activities of the foundation is classes in woodcarving for the youth.
Rollocks filed an injunction on February 18, claiming US $32,000 from the foundation for work as a consultant through his company BD Consultancy.
The former politician, commissioner, and advisor of then-Leader of Government Sarah Wescot-Williams claimed he had assisted the foundation in obtaining the grounds and structures near Belvedere Border Point to house its socio-cultural activities.
According to the rental agreement closed with the Island Government, the foundation is allowed to rent the property out to third parties to finance its activities. Rollocks is claiming 60 per cent of the income as payment for his services, with 40 per cent remaining for the foundation. This led Rollocks to claim $33,332.
Attorney-at-law Wim van Sambeek, representing the Foundation in the injunction, said the Court should reject Rollocks' claim, which he described as an "unusual form of subsidy."
The foundation claims it never signed an agreement concerning the 60/40 per cent division of profit. Marlin stated Monday that Rollocks' claim was based on lies and Van Sambeek said a request had been filed with the Prosecutor's Office to launch a criminal investigation into the matter. He said the maximum punishment for requesting illegal payment as a civil servant was six years.
"Based on this partition and calculated over a five-year period, the length of the rental agreement, this would have meant that $108,000 would have landed in Mr. Rollocks' pockets, money that was destined for the island's youth," said Van Sambeek.
The lawyer described Foundation Chairman Cimmaron Marlin (48) as a "friendly, inspired, involved and altruistic" person, in sharp contrast with Rollocks, who was portrayed as a "smooth talker" and a "cunning and shrewd businessman."
According to the foundation, the board of which also comprises Secretary Crastel Gumbs and Treasurer Franklin Brison, it was approached by then-commissioner Wescot-Williams, who offered the Border Point premises as the foundation's abode, for which it was to pay rent.
Wescot-Williams had sent her advisor Rollocks to assist the foundation, but instead Rollocks forced himself on the foundation and took over exploitation of the property. He had collected the rent, as well as deposits, without the foundation's permission.
Through Rollocks' actions, the foundation totally lost control over the Belvedere Border Point. It tried to prevent Rollocks from interfering, but to no avail, and was now confronted with the injunction in which Rollocks claimed a fee for his work as a consultant.
The foundation claimed that Rollocks wanted to serve two masters in being a civil servant as well as consultant for the foundation, which would be contrary to good manners.
It dismissed Rollocks' claim as being unreasonable and unethical. "Rollocks is asking for a lot of money, money that could have been used to organise activities for the local youth and the community," Van Sambeek said. "This is a shameless example of self-enrichment, and I ask the Court to quash this malpractice."
In a burning statement to Judge Diederik Thierry, Rollocks said it had all been done in good faith. "I only wanted to help my brother and his foundation."
Rollocks, represented in the injunction by attorney Errol Maduro, claimed that since 2006 he had been the one to develop the project in lobbying with the Executive Council to rent out the Border Point for a period of five years, and to obtain a permit to operate it commercially.
He also claimed to have renovated the existing buildings at his own expense, and that he had rented out these properties to third parties and had provided electricity and water to the tenants. "I am a businessman. I want my money," an agitated Rollocks exclaimed.
He denied he had been working as a civil servant. "I have a one-man business as a consultant, and my work for Mrs. Wescot was private work," he said. "I took care of my brothers all my life. I was the closest with Cimmaron, who came to me for help when he was teaching woodcarving under the almond trees in Cole Bay.
"I got the Border Point for him in Belvedere, which stood empty for 10 years. The place was opened in November 2009 and every step of the way my brother knew exactly what I was doing. I just want my money back. I am not some kind of criminal trying to outmanoeuvre my brother."
Judge Thierry said this case was a classical example of a conflict of interest between a foundation with altruistic goals and a businessman. He advised parties to seek a compromise outside the court before April 9. The judge will rule in this case if no settlement is reached before that date.
