Court grants Schotte witness-interview with Pellicano
WILLEMSTAD – The Court in First Instance has granted a request from former Prime Minister Gerrit Schotte and his partner Cicely van der Dijs to hear the Italian prosecutor R. Pellicano as a witness in a so-called preliminary witness-interview. Schotte wants to prove that Solicitor-General Ton van der Schans lied during his criminal trial about contacts with Pellicano. Schotte wants to use the outcome of the witness-interview to claim damages from country Curacao in civil court.
During Schotte’s bribery-trial Van der Schans maintained that the Italian prosecutor had contacted the prosecutor’s office in Willemstad with information about the former prime minister. The defense has contested this position, saying that the prosecutor’s office in Willemstad took the initiative for the contact.
All attempts by the defense team to bring Pellicano as a witness into the criminal trial against Schotte failed. The Common Court of Justice turned the request down three times: on November 16, 2016, on June 12, 2017 and on July 21, 2017.
According to the defense, the investigation against Schotte was unlawful and the prosecution should have been declared inadmissible. The trial nevertheless continued and Schotte was in the end sentenced to 3 years in prison and a 5-year ban from the political arena. His partner Cicely van der Dijs was sentenced to 15 months, with 6 months suspended.
The attempt to get a witness statement from Pellicano after the trial has everything to do with Schotte’s intention to sue the country for wrongful act and to claim damages.
During the trial Schotte’s attorney Geert-Jan Knoops stated that he had hired two Italian lawyers – Luparia and Padovani – and that these attorneys had spoken with Pellicano. According to Knoops, Pellicano denied to these attorneys that the contact with the prosecutor’s office in Willemstad had occurred as described by Solicitor-General Van der Schans. Knoops wanted Pellicano as a witness to prove that the solicitor-general was lying – but the court did not allow it.
The Court in First Instance handled Schotte’s new request to hear Pellicano on January 18. Schotte wants to gather evidence that Van der Schans lied about his contacts with the Italian prosecutor.
More specifically, Schotte wants to ask Pellicano if he did send an email (with information about him) to the prosecutor’s office in Willemstad, how the contact with the prosecutor’s office in Curacao came about and whether his office took the initiative to approach Curacao with the message that they had potentially relevant information.
It is obvious that Pellicano is able to declare about his contacts with Van der Schans, the court notes in its decision. “This is not a fishing expedition.” It is clear what Schotte wants to prove, the ruling furthermore states.
That the Common Court of Justice did not allow Pellicano as a witness is irrelevant, the court says. The motivation to refuse was based on the court’s opinion that this witness was irrelevant for the questions the court had to answer.
The Court in First Instance emphasizes in its February 28 decision that Schotte wants to hear Pellicano in the context of a civil lawsuit against country Curacao. Pellicano’s statements cannot influence the outcome of the criminal procedure against Schotte and Van der Dijs because the Supreme Court has ruled on the case and the convictions have become irrevocable.
“That granting the request will cause social and political unrest can – if that happens – not be held against Schotte as a significant objection against granting the request,” the court ruled.
Parties have to inform the court within four weeks about dates when they are not available. Based on that information, the court will set a date for the witness-interview with Pellicano.
