Govt. complies with verdict to pay NAf. 1M to Bearing Point, considering legal options

Govt. complies with verdict to pay NAf. 1M  to Bearing Point, considering legal options

~ Irion agrees all should be accountable for actions ~

PHILIPSBURG--Government has complied with the “provisional verdict” of the court to pay one million guilders in damages to Bearing Point and is currently considering its legal options.

Finance Minister Ardwell Irion made the announcement during the live Council of Ministers press briefing on Wednesday. Bearing Point was awarded the damages by the court for losing out on the order to supply software for the transformation of tax collection in St. Maarten.

Irion also responded to questions on whether statements he made back in May 2021 that ministers should be held accountable for their actions executed while in office, applied to him in the Bearing Point matter.

He began his opening remarks with statements on the Bearing Point verdict. “First of all, I would like to state that the Bearing Point matter is an ongoing dispute and as such not opportune to make any detailed comments at this time. However, after considering the recent publications in the media and the inquiries that followed, I have decided to provide a brief synopsis of the recent events,” Irion told reporters during the live Council of Ministers press briefing.

“It’s important to understand that Bearing Point never initiated proceedings on the merits, but only an injunction proceeding which does not give a final judgement, but only a provisional judgement. Bearing Point recently filed an injunction procedure against government. In their request, they were seeking a judge’s order to -among other things- force government to cancel the tender for an ICT [Information Communication Technology] system and to force government to adjust a subsequent re-tender. The judge ordered country St. Maarten by way of said injunction procedure to pay bearing point a voorschot [advance] of 1 million guilders. The government has complied with this provisional verdict and is considering its options,” Irion said.

“As stated before, these are not final judgements as final judgements are based on the proceedings on the merits. As litigation may follow, there is nothing more to comment at this time; while government complied with the court’s ruling, government is still considering their legal options.

Accountability

Irion indicated that he saw the comments from a Member of Parliament regarding the Bearing Point matter and he indicated that he agreed with the MP. “I hope that it comes as no surprise when the rightful persons are held accountable.”

Irion had said back in May 2021 that former ministers should be made examples of and held accountable for their actions executed while in office. He had made the remarks back then in response to a question during the live Council of Ministers press briefing on Wednesday, May 5, 2021. While the question was surrounding the matter involving decisions made by a former government regarding Henderson International BV and insurance loss adjuster Smith Orloff and Associates, Irion said his statements were in general. “I do believe that at some point in time especially depending on the actions that were made and the cost that the country will have to accept or be the burden of, at some point in time we do need to make examples of probably former ministers for their actions and decisions,” Irion had said back then.

“I have also seen some actions within the last few years that were made and things and processes that should have been done better or done properly and the fact that you could just get away [with it – Ed.] I believe if you follow that path, it will just continue to happen. So, I believe just like our fellow citizens, who are also accountable for their actions, at some point in time, we should be holding ministers accountable for their former actions also.”

Asked during yesterday, Wednesday’s press briefing whether his statements on accountability applied to him, in the Bearing Point matter, Irion said: “Regarding ministers being held liable I think that was also pretty specific in that case, but I do believe in the case ministers should be held liable for any, at that point in time, criminality and so forth and your question what - if it applies to me – be more specific - in what case would it be applied to me - we paid a voorschot [advance] out so what case, what crime or integrity breach or wrongdoing was done that it was applied to me.”

When explained it is based on the damages the country was subjected to pay as a result of the decision taken in the Bearing Point matter, the minister said: “…I think that we should look again… in the past… look at the history of this situation. I think it came up in the past too already -look at the history and we could then really hold those persons accountable [as] to why we are at this point today and that I do agree with... I do believe and I agree with the MP that all persons should be held accountable for putting government in these types of positions.”

The Daily Herald

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