‘Francesco Corallo damaged by negative publicity,’ says lawyer
- January 17, 2013 9:06 AM
THE HAGUE--The leaked letter of the Dutch ambassador in Rome in which the in St. Maarten residing Italian businessman Francesco Corallo is associated with the Sicilian mafia has hurt Corallo's business interests and personal life.
The bank and trust fund in St. Maarten no longer do business with him and he had to sell his shares of his Curaçao casino.
"The extremely damaging reports in the media worldwide have resulted in a second wave of consequences which are not entirely clear as yet," said attorney-at-law Arthur de Groot during a court injunction in The Hague on Wednesday.
According to De Groot, Corallo, the owner of Atlantis Casino in St. Maarten, is in a predicament because the CIBC First Caribbean Bank in St. Maarten has taken the accounts of entities to which his client is tied "under review."
The bank does not want to do new business with Corallo. There is a possibility that the businessman will be forced to repay his US $8.4 million mortgages. De Groot said that this would result in expensive refinancing elsewhere. An unspecified trust company has informed Corallo that it will no longer represent him after 20 years of cooperation for a family trust fund.
Corallo has also been forced to sell his shares in the company that owns a casino in Otrobanda, Curaçao to an "unrelated person" after the Curaçao Gaming Control Board refused to re-issue a casino licence to Corallo. "He was unable to sell these shares for the market price," said De Groot.
"And all that because the Dutch Government put incorrect information in a letter and refused to rectify this afterwards even though the Italian Government assumed a clear, positive position," said De Groot. Corallo wants a rectification in the media and a letter from the Dutch Government to clear his name.
By forcing the Dutch Government to redress the situation, De Groot and his colleague Raymond de Mooij, hope to take the sting out of this case. Corallo wants The Hague to retract the May 26, 2011 letter of Ambassador Fons Stoelinga, which states that he is involved in international drug trade, that he was an important person in the Sicilian mafia and that he launders money in St. Maarten.
The Italian Government has contradicted these accusations, De Groot pointed out. "Rome indicates that Corallo is totally clean and that there is no problem in appointing him in a function of the state," he said, referring to the May 2, 2011 letter of then Curaçao Prime Minister Gerrit Schotte in which the latter requested proof of good conduct to "give Corallo a prestigious and important institutional function."
The content of the leaked letter of the Dutch ambassador, published in several newspapers on the islands early October 2012, took Corallo by "complete surprise," said De Groot. "My client doesn't have any ambition to assume a public function and the ridiculous information on connections to crime was wrong," he said. Corallo has always received proof of good conduct and does not appear in the registrations of Europol and Interpol.
The ambassador's letter "curiously" leaked during election time in Curaçao, "It led to a worldwide constant flow of negative publications depicting Corallo as a Mafioso. The suspected mafia link and proposed appointment was reason for the Second Chamber of the Dutch Parliament to pose questions," said De Groot.
De Groot said the Dutch Government "grossly neglected" two of its primary tasks namely to assume a passive role as not to unjustly restrict freedom of individuals and to take on an active position to protect its citizens. "Government did things exactly the other way around. It was active where it shouldn't have been and it was passive when it had to intervene."
According to Corallo the Dutch Government failed in various aspects. Verbal information was gathered from the Italian Government without authorisation and noted down without checking whether this information was correct. Corallo said he was not given the opportunity to respond to the information in the ambassador's letter.
Corallo accused the Dutch Government of violating the principle of trust by sending the "incorrect information" to third parties, also per email and not to a limited group. The Dutch Government also breached Corallo's rights and interests, his private life and business rights. "Fact is that Corallo didn't step into the public arena."
Government lawyer Wemmeke Wisman refuted all accusations and stressed that the Dutch Government handled things correctly. "There is nothing to rectify," she said.
"The Dutch Government is not responsible for the damaging information that Italian authorities provided on Italian businessman Francesco Corallo, a casino owner in St. Maarten. Corallo should have gone to the Italian government with his claim."
According to Dutch Government representative attorney-at-law Wemmeke Wisman, Corallo is knocking on the wrong door by holding The Hague responsible for the Italian information which suggested that Corallo has ties with the Sicilian mafia; that he is involved in international drug trade, and that he launders money in St. Maarten.
"The information is in complete correspondence with the reports from the Italian side and was carefully relayed in the May 26, 2011 letter of the Dutch ambassador in Rome," said Wisman during the court injunction at the Court in The Hague on Wednesday.
Corallo has taken the Dutch Government to court because he wants a rectification and a letter to clear him of any suggestion that he has mafia links, and that he is a wanted man in connection with international drug smuggling and money laundering.
Wisman did not go into the specifics of these accusations but said they were based on information that was provided on high diplomatic level. She remarked that Interpol did issue an international search warrant in 2012. In the meantime, this Italian arrest warrant has been terminated.
Wisman said that the May 26 letter merely served to comply with the Italian Ministry of Home Affairs to relay information to the then Prime Minister of Curaçao Gerrit Schotte, who had asked for a proof of good conduct because he wanted to nominate Corallo for a "prestigious and important institutional function." She added that the letter in question also stated that there were no known convictions involving Corallo.
The information in the ambassador's letter was based on a meeting between a representative of the cabinet of the Italian Minister of Home Affairs and a representative of the Dutch embassy in Rome. The Italian civil servant confirmed that the information had been confirmed by both the Italian police and the Italian intelligence service.
"There was no reason to doubt the information, even if the Dutch Government would have had the practical possibilities to verify the information," said Wisman, who also pointed out that it would not have befitted to doubt the information considering the diplomatic relations between The Netherlands and Italy.
Wisman refuted the claim by Corallo's lawyer Arthur de Groot that the letter of the Dutch embassy was made public. "The letter was sent by diplomatic courier to the then Curaçao Prime Minister. A scan was sent to the acting director of the Directorate of Foreign Relations in Willemstad," she said.
The Dutch Government never made the letter public and cannot be held responsible for the publication early October 2012 of said letter in the media on the islands, said Wisman who added that Corallo should have addressed the media on the matter of publication.
"Clearly it was never the intention to publish the letter of May 26. The Dutch Government laments this and has no knowledge on how this happened," said Wisman. She said it took almost a year and a half for the information to surface in the media. Corallo's lawyer De Groot responded that The Hague should have known that this kind of information tends to be leaked on the islands.
According to Wisman "there is nothing to rectify." She explained that rectification is only possible when it concerns an incorrect or misleading publication. She said Corallo was free to approach the media that published the contents of the May 26 letter.
Corallo was not present at Monday's court injunction.
After a few clarifying questions, the judge announced that he would come to a decision in two weeks, on January 30.
During this proceedings Francesco Corallo was represented by attorneys Arthur de Groot and Raymond de mooij of law firm GMW Advocaten in the Netherlands. The Dutch Government was represented by attorney at law Wemmeke Wisman. The judge at this court injunction was J.J. van der Helm.
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