Clarence Derby
AIRPORT--“All of the monies that I have received have been rightfully earned, and none of them have been received for any ‘services to Ansary.’ I want to make that very clear, because these are very serious allegations to speak of, much less to print,” said supervisory board member of Princess Juliana International Airport (PJIA) Clarence Derby in response to an article published in The Daily Herald of Thursday, July 7, titled “Chamber advises about integrity at PJIA airport”.
In a letter dated January 21, 2022, Minister of Tourism, Economic Affairs, Transport and Telecommunication (TEATT) Roger Lawrence requested advice from the Integrity Chamber pertaining to the position of a supervisory board member of PJIA on behalf of the Council of Ministers.
In the request, the Council of Ministers expressed its concern that a court ruling could potentially damage the reputation of, and integrity at the airport. The Council of Ministers requested advice on what the court judgment means for the supervisory board member’s position within the airport, and/or what policies should be in place to deal with these kinds of matters.
Investigation
“In September 2021, the prime minister ordered the holding board of PJIA to conduct an investigation into payments I received from [insurance company – Ed.] ENNIA, which is the proper procedure. That investigation was conducted and the holding board found no wrongdoing on my part, which is indicated by the fact I am still on the supervisory board of [PJIA Operating Company] PJIAE,” said Derby.
On December 19, 2021, his legal advisor, attorney-at-law Jairo Bloem, sent a letter to the PJIA holding board which, Derby said, was forwarded to the Council of Ministers and the Integrity Chamber, pertaining to Derby’s alleged role in the ENNIA/Hushang Ansary court case.
In its ruling of November 29, 2021, the Court of First Instance in Curaçao ruled in the Central Bank of Curaçao and St. Maartnen’s (CBCS’) favour and ordered owner Hushang Ansary, his daughter Nina Ansary and (former) directors, supervisory directors and shareholders to pay ENNIA more than NAf. 1 billion in damages.
ENNIA’s accusations regarding (dividend) payments and excessive and non-business-like expenditures on, among other things, donations, remuneration of supervisory board directors, private aircraft and compensation to persons not employed by ENNIA, were justified, the court stated.
In his letter, Bloem informed that all payments that Derby received were for his salary compensation. Bloem stated that Derby is the general manager at The Towers at Mullet Bay. He is also the general manager of the Mullet Bay properties, as well as the senior vice president of Sun Resorts, which is owned by ECI, a subsidiary of ENNIA Caribe Holding, of which Ansary is the major shareholder. Bloem said that Derby reports directly to Ansary, and has been working for the company since March 3, 1973, “to the present day”.
‘Salary compensation’
“It is a fact that client has been receiving part of his salary compensation from 2008-2018 in Curaçao, of which the necessary taxes were deducted in Curaçao.” Bloem said the ENNIA verdict did not implicate his client “in any way, shape or form.” The verdict also did not hold Derby responsible for repaying the salary he received. “Please note that my client is not responsible for how and where his salary is paid,” the lawyer stated in his letter to the PJIA holding board.
Derby said he has never been a supervisory board member of any of the ENNIA companies. “While in my position as general manager of The Towers at Mullet Bay, general manager of Mullet Bay, and senior vice president of Sun Resorts – the mother company of the Towers at Mullet Bay and Mullet Bay – any and all payments I have received represented my legal, fair and equitable salary. All of the monies that I have received have been rightfully earned,” he said.
Mullet Bay
“The Mullet Bay property is being divided and shared among a few; an issue that has gone dormant. In my capacity as general manager of Mullet Bay I am acting dutifully to protect the property against illegal and unsanctioned activity: parcels that were issued without a [Letter of Admeasurement] “meetbrief”, unauthorised parking, unclear and ill-defined entrances and exits, to name but a few. The Integrity Chamber, however, has not been asked to give advice on these ongoing matters,” said Derby.
As of March 3, 2023, he will be celebrating his 50th anniversary as an employee of Sun Resorts. It is his third tour as a member of the supervisory board of PJIAE, including serving as chairperson during the period the airport borrowed US $142 million for the first refinancing of the airport.
“During all of this time I have never been a subject of any investigative inquiry, I’ve never had any house searches, nor have I suffered any other credibility issue in any way, shape, or form,” Derby said.
“The Integrity Chamber in its advice states, ‘While the court’s judgment in the ENNIA case does not necessarily determine that there is an integrity issue, the mere perception of an integrity issue can lead to several consequences.’ I would like to caution against perception becoming synonymous with fact. Let not the innocence of a person be condemned based on perception. For more than 60 years I have made this country my home, and have lived an honest and decent life. It saddens me to now have to experience these baseless allegations against me.”
