BONAIRE -- A decision has been made not to prosecute a suspected irregularity regarding the issuing of a taxi licence in Bonaire, involving Commissioner James Kroon (UPB).

 

On November 19, 2012, the Prosecutor's Office of the Caribbean Netherlands and the Police Corps KPCN had already communicated in a press release that public entities and officials, in cases of certain crimes, are legally required to report the crime to the Prosecutor. This notification took place as a result of the fact that Island Governor Lydia Emerencia on November 8 had reported the crime of forgery in a file in the administration office, from which file the suspicion arose that apparently the Executive Council issued a taxi licence – contrary to the applicable regulations.

 

Based on these charges, a criminal investigation was initiated, led by the Prosecutor's Office of the Caribbean Netherlands. In this investigation goods were seized, several witnesses were questioned, computers were viewed, and subsequently Kroon was considered a suspect and questioned as such.

 

The investigation focussing on both forgery and fraud produced the following result:

Under the direction of the commissioner, a draft taxi licence was made for a Mr. H., while it was not yet his turn, according to the current waiting list (for taxi licences). Based on the applicable regulation, in very special cases only the Island Council may decide to grant a licence notwithstanding that waiting list.

 

"Furthermore, the Public Transport Commission COV, which in accordance with the legal procedure ought to give advice on taxi licence applications (and which committee ought to draw up the draft of the licence) was not consulted," stated a joint release by the prosecution.

 

At the request of Kroon, a draft decision was drawn up, bypassing the COV. This draft was subsequently signed by the Island Secretary and the members of the Executive Council.

 

When the Island Governor learned that the correct procedure was not followed, she pressed charges.

 

"By not following the legal procedure and by granting a licence to Mr. H. with preferential treatment, notwithstanding the waiting list, Kroon committed the crime of 'inducing to commit forgery and fraud.'

 

"According to the Prosecutor's Office of the Caribbean Netherlands, Commissioner Kroon is guilty of the crimes described above. However, the Prosecutor's Office of the Dutch Caribbean considers a criminal prosecution of Commissioner Kroon inopportune."

 

According to the release, it is primarily up to the local legislature (the Island Council) to monitor the integrity of administrative actions and take steps if necessary.

 

"The fact that on 10-10-10 they voided ex Article 372 of the Criminal Code of the Netherlands Antilles, which was applicable especially in such cases and on commissioners, plays a part. This clause penalised the act of a member of the Executive Council in violation against an own insular legal regulation in itself.

 

"In addition, the Prosecutor's Office of the Caribbean Netherlands took into consideration the fact that the suspect is a 'first offender.' The Prosecutor's Office has dismissed the case against Commissioner Kroon conditionally, subject to a probationary period of three years, provided that the suspect shall not commit a criminal offence during the probationary period."

 

(The Daily Herald)