No more probe by Kingdom Council

June 10, 2011 6:59 AM

Prime Minister Gerrit Schotte (MFK) told Curaçao's Parliament on Wednesday that the Supervisory Board currently being installed will be entrusted with an investigation into the functioning and the integrity of the joint Central Bank of Curaçao and St. Maarten.

Schotte is going back on an earlier decision by the Kingdom Council of Ministers -which he had requested- to have an independent mixed committee investigate both the Central Bank and his government.

In a letter to the Dutch Minister of The Interior and Kingdom Relations Piet Hein Donner (CDA), Schotte elaborates on the meeting of the Government Council of Ministers last week Tuesday. During this meeting, also attended by the Curaçao prime minister and the plenipotentiary ministers of Curaçao, Aruba and St. Maarten, concrete decisions were taken on the investigation into the Central Bank and the Curaçao government.

Members of the MFK/PS/MAN coalition severely criticised this decision. Especially PS-leader Helkmin Wiels does not wish any Dutch interference with the investigation into the Central Bank, while deputy Prime Minister Charles Cooper (MAN) indicated that the decision of the Kingdom Council of Ministers is “unfeasible" and therefore “non-existent."

In Cooper’s opinion, in conformity with the statutes of the Central Bank, only the Supervisory Board, the Audit Chamber and the Joint Court of Justice can intervene in the monetary authority. Cooper has sent a letter to the Supervisory Board requesting an investigation to be conducted by the Audit Chamber with the help of foreign financial and banking experts.

Parliament had also adopted a motion to that effect earlier. In the letter, Schotte states that he prefers this route.

“In this extremely sensitive matter, one must proceed with great meticulousness. The legal frameworks, such as the Constitution of Curaçao, the Constitution of St. Maarten and in particular the statutes of the Central Bank of Curaçao and St. Maarten must be considered at all times.

“The credibility of the results of the independent investigation is benefited by following the correct procedure to avoid negating the content of the recommendations based on a possible technicality."

According to the prime minister, when taking into account the legal framework for the Central Bank of Curaçao and St. Maarten, the Supervisory Board of Directors of that bank is “the first (and officially only) called-on entity to execute the widely supported wish for an independent investigation."

In this respect, Schotte notes that in order to guarantee the independent nature of the investigation, the board of the Central Bank can decide during the investigation to “consider the position of individual members of the Management Board." This means that during the investigation, members of management including director Emsley Tromp can be placed on non-active duty.

In the letter, Schotte also states that he sees no point in an investigation by the previously mentioned independent committee into the Curaçao Government. According to the prime minister, this is a course that “pre-eminently falls under the scope of the Public Prosecutor’s responsibility."

“That course into possible penal acts is not related to the independent investigation at issue regarding lawfulness and integrity of conduct, which should be carried out through the Supervisory Board of the Central Bank of Curaçao and St. Maarten. In this regard, the confidence in the Public Prosecutor as the indicated institute for an independent investigation into possible penal acts is also not under discussion."

9 June 2011

.