Bas Roorda loses injunction, ministers will have to testify

May 23, 2011 6:22 AM

PHILIPSBURG--Bas Roorda has lost the injunction in which he sought his reinstatement as head of the Finance Department, but the judge granted his request to hear four witnesses in the court case on the merits concerning his dismissal for violation of the pledge of secrecy.

The witnesses to be heard are Justice Minister Roland Duncan, Finance Minister Hiro Shigemoto, Ministry of Finance Acting Secretary-General Sherry Hazel and Council of Ministers Secretary Cassandra Jansen.

Judge Diederik Thierry ordered the witnesses to be heard at the Courthouse in front of Judge René van Veen. It is not yet known when the witnesses will be heard.

Roorda became head of the Finance Department on December 2, 2009. He informed a senior policy worker of the Finance Department on March 30, 2010, that he would report to the Federal Detectives alleged systematic misappropriation of pocket money for Tourist Office business trips.

Roorda's plan was discussed with him in a meeting of the Council of Ministers, during which Minister Duncan told him that he could not prevent him from reporting alleged crimes. However, it was requested that Roorda not act hastily. Nevertheless, Roorda informed the Council that he would persist in his plans and would file a complaint immediately.

He received a letter that same day in which he was informed of his dismissal as per May 1, because he had violated the pledge of secrecy. "Despite several warnings you provided information to third parties without the preceding permission of your superior or the minister," his letter of dismissal read.

Roorda was suspended immediately and requested to hand over the keys to his office and all materials, documents and papers belonging to Country St. Maarten to Secretary-General Hazel.

According to government, Roorda should have refrained from providing the Committee for Financial Supervision CFT with information concerning pension premiums, considering the minister's position on the subject, the political sensitivity concerning the discussion about the 2011 budget and his own high and confidential position.

In a letter to Roorda's lawyer Maarten Le Poole, government further stated that it had already had the intention to fire Roorda previously, while it also contested that Minister Duncan had said in Roorda's meeting with the Council of Ministers that it would be Roorda's last meeting with the Council.

Government also said it had doubts about Roorda's loyalty to government, stating that Roorda allegedly had said in November 2010 that the Dutch government should impose higher supervision on St. Maarten, and that he also had made negative remarks about St. Maarten and the Department of Finance in April 2011.

Roorda claims he was fired for reporting crimes, not for breaking his pledge of secrecy.

According to Judge Thierry, Roorda's dismissal was legitimate and not "unreasonable." Therefore, he could not be reinstated in his former position.

The judge added that he considered "intensive and fruitful" cooperation between Roorda and his superiors to be "illusory," whereas Roorda's position required mutual trust.

As Roorda's labour contract had been terminated and reemployment had been rejected, the Court also rejected Roorda's claim for continued payment of his salary. He was ordered to pay a legal fee of NAf. 1,000.

The Court did not rule in the injunction on the question who was to be blamed the most in this labour conflict or whether payment of damages would be justified, and if so, to what extent. The hearing of the four witnesses will have to provide the answers to these questions, especially concerning the true reason behind Roorda's dismissal.

(Source: The Daily Herald Sint Maarten)

Maarten Le Poole of HBN Law St. Maarten is representing Bastiaan Roorda in this case. The Government is represented by Richard Gibson Jr. of Gibson & Associates.

21 May 2011