Developer Zebec demands $92 million; Heyliger in the hot seat
PHILIPSBURG -- For the time being the Court in First Instance considers the allegations real estate developer Zebec made against former politician Theo Heyliger about his role in the Dutch Village project proven, but Heyliger will get the opportunity to refute these claims by presenting counterevidence or witnesses who can testify in his favor. Heyliger has until November 28 to inform the court how he wants to provide his counter-claims.
This appears from the interim ruling in the case of Zebec against the St. Maarten Quarter Development Company (SMQDC), Ocean Drive Properties (ODP), Danny Ramchandani, Peter Mirpuri and Theo Heyliger.
On September 20, 2010, Zebec signed a memorandum of understanding with St. Maarten Harbor Cruise Facilities and EFB Properties for the development of Dutch Village, a shopping center of 3,300 square meters with sixteen shops. The project never took off and Zebec was sidelined as the project’s developer in favor of ODP. The port settled the dispute with a payment of $10 million, but Zebec later discovered that the settlement agreement contained misleading information. In the current court case, the project developer demands $92 million in compensation from the defendants whereby the dubious role of Heyliger - as the one who forced Zebec off the project - stands out.
Considering all available information the court concludes in its ruling that Heyliger did business with the private sector as a go-between while he was a political official. “He enriched himself at the expense of private parties. His famous words were: What’s in it for me?”
The court found, based on testimonies by crown witness Ronald Maasdam, that Heyliger was all powerful in the port and that he was able to milk private parties. Mark Mingo (at the time director at the port) was “outflanked” by Heyliger who had put Mingo in his position at the port in the first place. “He could eliminate Mingo from the port if he did not do what Heyliger wanted,” the ruling states.
Zebec demonstrated the fraudulent system at the port based on reports from the anti-corruption task force (TBO) in the Larimar-investigation. These reports contain a “meticulous description’ of that system, the ruling acknowledges.
The ruling contains ten incriminating statements. “There is a reasonable level of certainty that Heyliger has used his position of power with the result that SMQDC withheld permission to SMPD (St. Maarten Ports Development) for the development of the Dutch Village project by Zebec.”
The court considers the statements proven for the time being and notes that they amount to an unlawful act by Heyliger.
However, before the court can come up with a definite ruling and also render judgment on the actions of ODP, it will give Heyliger the opportunity to present counterevidence.
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