PHILIPSBURG--Former Minister of Finance Hiroshi “Hiro” Shigemoto (44) and Global Advisor Services (GAS) BV Director Roberto Antonio Gibbs (62) both were acquitted fully by the Judge on Thursday in the so-called “Piranha” case.

 

The Prosecutor’s Office had accused both men of having committed fraud in connection with invoices sent in for payment for GAS services for the recruitment of highly-skilled staff members for the Department of Fiscal Affairs between January 1 and June 30, 2009. This agreement was renewed in 2011 retroactively from July 1 to December 31, 2009.

 

GAS also was responsible for managing the one-year project financed by Dutch funding agency USONA to hire staff for the new Tax Department for an all-inclusive fee of NAf. 336,000.

 

In total, GAS had defrauded government of NAf. 233,054 in false, double-paid invoices, the Prosecutors claimed.

 

The Prosecutor’s Office had requested eight months, deprivation of the right to be elected and a five-year ban from the civil service for Shigemoto, and 12 months with payment of a NAf. 233,000 fine for G.

 

The charges against the two included fraud, embezzlement, forgery and money laundering. The Prosecutor’s Office was of the opinion that Shigemoto also had committed misconduct as a civil servant and had violated the rules for public bidding.

 

The defendants and their lawyers had denied any wrongdoing and had claimed all their work had been done for the good of the country. Much to their relief, the Court did not find any of the charges proven.

 

Judge Maria Paulides stated Thursday that she had not found evidence in the case file that invoices had been submitted for work and cost that were not due. The Judge said the invoices that had been submitted all concerned the recruitment and selection of highly-qualified personnel on behalf of the Tax Department.

 

“The argument of the prosecution that these proceedings were part of the new Tax Department project has not sufficiently been established,” the Judge said.

 

Shigemoto also was acquitted of having acted against the National Accountability Ordinance (Comptabiliteitslandsverordening) in closing the contract with GAS without its having been preceded by a public tender.

 

It emerged during the two-day trial May 6-7 that the so-called service agreement had been closed by the Island Territory of St. Maarten, not by Shigemoto in his capacity as then-Acting Director of Resources.

Where GAS Director Gibbs is concerned, the Court also did not find it legally and convincingly proven that he had forged the end date of the agreement that expired on December 31, 2009.

Shigemoto, Gibbs, their lawyers and family members and friends in the courtroom were elated with the acquittals and greeted their victory with many hugs and firm slaps on each others’ shoulders.

 

The board of United People’s (UP) party issued a statement in which it congratulated Shigemoto on his full acquittal from all charges. Shigemoto was a former Minister of Finance under the UP-supported government from October 10, 2010 to May 2012.

“This is a clear indication of vindication, as we know this has been a long judicial journey,” the UP board stated. “We strongly believe this positive news will be well received by his family and longstanding well-wishers. May Mr. Shigemoto and his family find solace in this quote: ‘Justice is truth in action,’ as Benjamin Disraeli stated,” the UP board concluded.

 

The Prosecutor’s Office was disappointed, said spokesperson Karola van Nie. “Although it concerned older facts, a lot of time and energy has been put in the investigations, both by the National Detectives and the Prosecutor’s Office. We considered it in the interest of society to present these cases to the Judge. We now have two weeks’ time to decide whether we will file for an appeal. As soon as we have made a decision we will make that known,” said Van Nie.

 

The “Piranha” investigation started after a complaint was filed by then-Head of Finance Bas Roorda in March 2011. National Detectives started an investigation in November 2011. Gibbs was arrested in connection with this case on December 3, 2012. Shigemoto was held on December 17, 2012, and released again seven days later. The investigation was closed in June 2013. Several preliminary hearings were held last year.

 

 

 

In this case Hiro Shigemoto was represented by attornet at law Jairo Bloem of Bloem, Bonapart & Aardenburg. Roberto Gibbs' attorney in this case was Richard Gibson Jr. of Gibson & Associates. The Public Prosecution's Office was repre4sentted by public prosecutors Noordzij and Van der Wulp.

 

Vonnis in strafzaak Shigemoto 100.00508/12 d.d. 28 mei 2015

Vonnis in zaak Gibbs 100.00478/12 d.d. 29 mei 2015