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PHILIPSBURG – The Court in First Instance sentenced Johan Dijkhoffz to an 11-month prison sentence for bribing Christophe Emmanuel who was at the time minister of Public Housing, Urban Planning, Environment and Infrastructure (Vromi) and for abusing the minister’s position. Emmanuel received a 29-month prison sentence for the same facts.
Dijkhoffz, who is 59, is according to the ruling suffering from a lengthy and serious illness but that did not prevent the court from imposing an unconditional prison sentence.
Between December 20, 2016 and January 15, 2018 Dijkhoffz abused Emmanuel’s position as Minister of Vromi. This crime carries a maximum prison sentence of two years and a fine of the fourth category (approximately €26,000 or around $30,000). The right to prosecute expires after six years, but because investigators did a house search at the house of Emmanuel on May 10, 2023; this had an effect on the expiration-term in the sense that Dijkhoffz could only be prosecuted for crimes committed after May 10, 2017.
In this so-called Jasmine-investigation Dijkhoffz stood accused of irregularities with the issuance of building permits during the time Emmanuel was (outgoing) Minister of Vromi. Prosecutors maintained that Emmanuel gave preferential treatments to companies and Dijkhoffz with the issuance of building permits. This way, prosecutors said, Dijkhoffz committed active bribery and he abused the minister’s function.
While Emmanuel was minister of Vromi, Dijkhoffz worked as an entrepreneur and he was also chef de cabinet at the ministry of Tourism, Economic Affairs, Transport and Telecommunication. He offered the minister money in exchange for information about requests for building permits. The relevant permits relate to the Simpson Bay Hilton project and a change of long lease purpose for Osatanes Group Ltd. Emmanuel provided Dijkhoffz with internal government information in exchange for an undisclosed amount of money. In Whatsapp-messages the two spoke of mangos and not of money.
The defense argued that the term mangos referred to fruit and not to money but the court did not accept that explanation.
Charlon Pompier, at the time acting head of the permits department explained the procedure for the issuance of permits to the court. He mentioned that Emmanuel ordered a change in the procedure whereby the signature of the ministry’s secretary-general was no longer required.
The head of the inspectorate at the ministry reported already in 2018 that minister Emmanuel was receiving bribes. Her mail specifically mentioned a request for a building permit by Guisset via the company A1 & Manes Construction.
Guisset told investigators that he had approached Gracita Arrindell to help him with the request and she set up his contact with Dijkhoffz.
In June 2017 Dijkhoffz and Emmanuel discussed a permit for the Gioa brothers, whereby Dijkhoffz indicated that the Gioa’s were “fucking” with the Hilton project. He ordered Emmanuel to hold the permit until there was approval for the Hilton project.
The ruling notes that Emmanuel had an important position in the process of issuing building permits: without his signature, permits were not approved.
“Emmanuel prioritized his own financial interest and that of the suspect (Dijkhoffz) instead of, as he should have based on the oath he pledged, the interest of country St, Maarten,” the ruling states.
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