Ruling on rectification for Leeflang

March 01, 2011 6:32 AM

Former PAR-minister Omayra Leeflang lost the summary proceedings filed by Curaçao's Minister of Education, Science, Culture and Sports René Rosalia (PS).

Judge Frank Spreuwenberg ruled that Leeflang is to rectify her statements on Rosalia, which she made in her radio programme "Ata Palabra" and were published in the daily newspapers Amigoe, Antillaans Dagblad, Extra and Ultimo Noticia, within 48 hours.

According to Leeflang, Rosalia had sexually intimidated female employees at government's culture foundation "Kas di Kultura" during his term as director there.

According to the Judge, Leeflang exceeded the borders of what is acceptable because she cannot prove she has reliable sources for her allegations. She is to pay the minister's legal costs as well.

Rosalia had further demanded that in the future Leeflang refrain from making statements that he was guilty of sexual intimidation. The judge rejected this because one cannot determine with certainty that a sufficient factual basis will also be lacking in the future.

During the handling of the summary proceedings, Leeflang argued that as political commentator she had only limited herself to what she had gathered earlier from the local media and given that a sarcastic twist.

However, the judge finds it hard to believe that the public will disregard statements from a former Minister of Education as merely a caricature, satiric or humoristic, because her status of former minister suggests too much authority.

Leeflang respects the judge's ruling. In her radio programme on Radio Kriyoyo, she read the text as ordered by the judge and rectification advertisements appeared in the four newspapers mentioned.

Nevertheless, she regrets that the judge had not included the report from Ombudsman (public defender) Alba Martijn, who conducted an investigation into a supposed integrity violation by Rosalia. "This took the bottom out of making the accusations admissible, so the verdict is no surprise."

On three points, Leeflang learned from the court case. "Firstly, we must have a law against sexual intimidation. Furthermore, we must determine how to make this admissible and the law must include punitive measures."

Secondly, the former minister finds that females must adopt a fighting spirit against sexual intimidation. "From the case it appears how difficult it is to collect evidence and how painful it is for the victims."

Finally, Leeflang referred to the old proverb "prevention is better than cure. Prevention stems from legislation. It makes people alert, be attentive to determine when it regards sexual intimidation. This is currently a vague area."

Leeflang was a guest in the TV-programme Mòru Bondia on TeleCuracao (channel 30 St. Maarten Cable TV/8 WTN-Cable), during which she was confronted with a listener who had personally experienced how difficult it was to prove sexual intimidation.

"She had to have proof, which she could not produce. Consequently, she could not bring the case before the court."

There were several reactions to the ruling. The board of Rosalia's party "Pueblo Soberano" (PS) is satisfied with the verdict. The board knew from the beginning that Leeflang's accusations were not based on the truth.

"No sane person could take Leeflang's statements in her radio programme seriously. We knew from the start that she could not produce conclusive evidence."

According to the party, the judge proved that Leeflang's allegations were based on gossip. "In other words, hearing something through the grapevine, of which the source is based on lies," according to the PS-board in a press report.

"Leeflang showed that she had acted in bad faith. She has an unsatisfied need for political revenge, with which she wanted to unseat a political opponent, in this case Rosalia, a man of irreproachable conduct."

The party called on opposition party PAR, to distance themselves publicly from Leeflang's unfounded imputations.

The PS also has a message for everyone, who had put Rosalia in the pillory without waiting for the court's judgment. "Clarity lifts the fog."

PS-member Carlos Monk is pleased with the verdict too. According to him, the judgment achieved two things: "The corrupt judicial system has regained its credibility with the people. Moreover, Leeflang's mouth has been shut, in any case politically."

He advised Leeflang to use this for a moment of reflection, remorse and reconciliation with God.

The last word may not have been spoken about the alleged sexual intimidation by Rosalia. Ombudsman Martijn started an investigation based on Rosalia's statements made in this case. Her first findings are now with Rosalia, who is yet to reply.

1 March 2011