Parliament divided on second legal advice Ritz-Carlton

May 24, 2010 7:22 AM

ORANJESTAD — The AVP-party is thinking about requesting a new State-meeting regarding the second legal advice to the government on the Ritz-Carlton hotel.

The party states it had not been given sufficient time to study this advice from lawyer David Kock.

The parliament had namely received the advice only last Tuesday during a continuation debate on the granting of terrains for hotels. AVP-parliamentarian Juan David Yrausquin informed this newspaper that he wanted to view the possibilities with State-Chairman Andy Lee (AVP) for a new meeting. Yrausquin also referred to Kock’s advices, which indicate that investor Desarollos Hotelco apparently still has to comply with a number of obligations in order for him to secure the terrain behind Fisherman’s Hut for the Ritz-Carlton.

State-member and former Infrastructure Minister Marisol Lopez-Tromp (MEP) departs from the fact that the advices of lawyer Kock correspond to those of HBN Law. The latter attorneys’ office had submitted the first advice to the government in March regarding the withdrawal of the long lease for the construction of the Ritz Carlton. In this advice, the attorneys’ office had indicated that the government is bound to the long lease agreement ‘with hand and foot’. “Kock’s advice amounts to the same, namely that the granting of the terrain had occurred according to the law. The option grant, the compliance of the conditions and the concluding of the agreement had all occurred according to the law. On top of that, it states that if the notary deed had not been signed during our government, the next government would be obligated to do so”, says Tromp.
 
Parliamentarian Andin Bikker (PDR) also finds that the advices from lawyer Kock have the same purport as those of HBN Law. However, he finds that one should investigate the moot points brought up by Kock, whether or not via a provisional examination of witnesses or even via a parliamentary inquiry. “One can only find out such things by questioning those persons involved. I would appreciate to learn from former Minister Tromp why the conditions of the agreement had been relaxed in that manner. I would also like to know from Desarollos Hotelco why that relaxation was necessary." However, Bikker does not expect the government will investigate the points brought up by David Kock. “During the meeting, Minister Otmar Oduber (Tourism, AVP, red.) had already argued that foreign investors could doubt the Aruban investment climate if a new government would reverse the steps of the previous government with such a rigorous process.” Bikker had also referred to Hotelco’s promise to invest 625,000 dollars in a social project. “Therefore, that issue had already been resolved during the meeting in the States. I do not think this government will start an inquiry.”

(Source: National newspaper Amigoe)

21 may 2010