PHILIPSBURG--The Joint Court of the Netherlands Antilles and Aruba has partially vindicated Island Councilman and former commissioner Louie Laveist. On appeal, the embattled politician was acquitted Thursday of forgery and fraud, but found guilty of bribery.
In finding him guilty of two counts of bribery, the Joint Court sentenced Laveist to a suspended prison sentence of six months with three years' probation, payment of a NAf. 5,000 fine or 55 days in jail, and a ban from civil service for three years.
The Court of First Instance had sentenced Laveist to 18 months, nine of which were suspended, with three years' probation, a NAf. 5,000 fine, and a ban from holding office for five years.
The Solicitor General had requested that the three Judges of the Joint Court impose 24 months, nine of which to be suspended, with three years' probation and a five-year ban from office.
The Joint Court did not consider it proven that Laveist had forged minutes of Culture Club Foundation, of which he had been the chairman. According to the Prosecutor's Office, this was done to defraud co-financing organisation AMFO of subsidy for the 2004 St. Maarten Day "Rally Around the Flag" project. But the Joint Court said this could not be proven, including the fact that the subsidy obtained would have been used for other purposes than the purchase of flags.
Laveist was also acquitted of violation of the Federal Ordinance on Foreign Labour in employing an undocumented hairdresser in a barbershop. According to the Court, it could not be excluded that this hairdresser in fact had been employed by Laveist's sister or nephew.
The Joint Court found the Laveist guilty of having accepted a bribe from Canadian manufacturer Bemal Enterprises in connection with the furnishing of the new Administration Building. In November 2007, Laveist and his assistant Roberto Richardson had travelled on a paid trip to Canada to visit the factory of this supplier of office furnishings.
Laveist was also found guilty of having accepted a US $6,000 cheque from Bargains Unlimited NV on behalf of his Culture Club Foundation in exchange for a positive advice on work permits.
The Joint Court indicated that these were serious crimes that harmed the general interest and trust in government. The Court took it into account that Laveist had never been convicted before, had shown remorse and had promised to steer away from any form of conflict of interest in the future.
The judges stated that they considered a ban from office to be appropriate, as well as a fine because Laveist had been enriching himself. As to a possible prison sentence, the judges said they had considered an unconditional sentence of six months, with reduction for time already spent. Laveist had been held in pre-trial detention for eight days. However, the Joint Court decided to impose a fully suspended sentence to compensate Laveist for a violation of his rights.
Attorney-at-law Cor Merx had cited a whole range of what he claimed to be violations of his clients' rights, but the Joint Court only considered one case proven. This concerned the period during which Laveist was under police surveillance as a suspect. According to his lawyer he had been "systematically" observed without legal grounds.
Considering the time-span and "intensity" of the surveillance and the breach of Laveist's right of privacy this constituted, the Joint Court decided to grant him a reduction of his sentence.