PHILIPSBURG--The Prosecutor’s Office has withdrawn the appeal against one of five suspects in the Buncamper case. It concerns the alleged figurehead, or “straw man,” Eco Green N.V. Director T.O.W.
Acting Solicitor-General Anton van der Schans informed the Court of First Instance, the Prosecutor and lawyer involved in this case of this decision in an e-mail message sent on June 29. No grounds were given for the decision to withdraw the appeal.
On April 7, the Court of First Instance found former politician Maria Buncamper-Molanus, her husband and high-ranking civil servant Claudius Buncamper, notary Francis Gijsbertha and St. Maarten Building Supplies (SBS) N.V. owner Ivan Havertong all guilty of committing forgery with authentic deeds and filing falsified tax returns in connection with a land deal on long lease. Suspect T.O.W. (70), who is suffering from bad health, was acquitted of all charges.
The issue revolves around a piece of Government-owned land on Soualiga Road that the Buncampers obtained in 2005. At first, they rented the land from the Island Territory, but in 2008 they obtained the property on long-lease. Several conditions were attached to the lease, which included stipulations that the land could not be subleased or made available to third parties.
The Buncampers each received a fully-suspended prison sentence of 12 months, and 240 hours of community service. Havertong was sentenced to three months suspended, with 120 hours of community service. Notary Gijsbertha was sentenced to 240 hours of community service.
Prosecutor Dounia Benammar requested during the two-day hearings on March 16 and 17 that the Court sentence the Buncampers to 18 months, six of which were to be suspended, on three years’ probation.
Notary Gijsbertha should have been sentenced to 15 months, five of which were to be suspended, on three years’ probation, according to the Prosecutor, who has returned to the Netherlands in the meantime.
The Prosecutor’s Office demanded 12 months, four of which were to be suspended, on three years’ probation, for Havertong.
In W.’s case, the Prosecutor had called for four months suspended, on three years’ probation. The Eco Green Director was acquitted of all charges, as it could not be established “unequivocally” that he had been aware of the false nature of documents he was asked to sign, or that he had been cooperating in a “shadow construction” to evade taxes. The Court also did not establish that W. should have known that he had been cooperating with illegal schemes.
He may have understood, as the Buncampers had stated, that they had acted on a promise made to his father to help him with a job. Therefore, the Court did not find it legally and convincingly proven that W. had deliberately been an accessory to these crimes.
Not just the Prosecutor’s Office filed for appeal in this case. The Buncampers, notary Gijsbertha and Havertong appealed their convictions. It is not yet known when the Joint Court of Justice will be hearing these appeals.
