Board members to be held liable

February 23, 2011 6:00 AM

Judge Eunice Saleh has ruled that the former members of the Supervisory Board of Curaçao garbage processor Selikor Anthony Godett, Ruben Sluis, Roberto Cuales, Gilbert Winklaar, Edwin Franklin and Mayerdith Bouwland-Luciano are to appear in court on March 21st to answer questions in the main case of Selikor against current Parliament chairman Ivar Asjes (PS).

Selikor had requested a summons for the board members because the government-owned company wants to hold them liable if it has to pay Asjes compensation.

Between June 2007 and February 2008 Asjes received a monthly salary of 16,500 guilders because he was employed at the waste disposal service. However, management believed the appointment of Asjes had been unlawful and went to court.

By ruling of February 11th, 2008 the judge had reversed the decision to appoint Asjes. However, on Sunday February 10th -one day before that decision- Asjes and the board- members Godett, Sluis, Cuales, Winklaar, Franklin and Bouwland-Luciano had signed a contract.

Asjes meanwhile entered an official appeal against the ruling of February 11th, but on June 1st, 2009 this protest was disallowed. He then lodged an appeal against the latter ruling and on August 10th last year, but the court decided against him again.

After the last ruling Selikor had initiated a new court case to re-claim an amount of over 90,000 guilders from Asjes (Asjes had already refunded part of the money). Selikor had made an appeal to summon the board members who had signed a contract with Asjes on February 10th.

Selikor made this appeal because if the court were to decide it has to pay Asjes compensation, the company wants to hold the board members personally responsible.

Asjes' lawyer objected to the request. According to him, the shareholder had authorised the board members to initiate negotiations with Asjes. However, Saleh did not agree with the latter and the former board members will have to appear in court and answer the questions in this case.

If the court decides that Selikor must compensate Asjes it must also decide whether the board members can be held liable for this.

 23 February 2011

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