SXMElections.com

~Replacements expected at month-end~

PHILIPSBURG--Kadaster Manager Marcia Peterson has again, as of October 6, been sworn in as Acting Conservator of Mortgages (“Hypotheek Bewaarder”), as well as Acting Director – both roles held by Clemens Roos who was arrested June 24 on request of the Netherlands, but returned on August 18, after the Dutch Prosecutor’s Office granted a requested postponement of his sentence.

The postponement was meant to last until the expiration of his contract with the Kadaster, to “contribute to the Kadaster’s continuity,” as his attorney put it. This contract would have expired by the end of November. However, The Daily Herald has learnt that his contract was terminated by the Kadaster Board of Directors before he returned to St. Maarten, as of July 31.

Both Roos and Kadaster Board of Directors Secretary Vincent Boetius declined to comment on the day of Roos’ return, as well as after their meeting on the next steps at the Kadaster Office concerning his role.

When contacted on Thursday, Boetius declined to comment on whether or not any settlement was in the works as a result.

A deadline of October 31 has been set for the two roles to be filled by permanent workers, Peterson told this newspaper when asked. This was agreed between her, Boetius, Finance Minister Hassink and Prime Minister Marcel Gumbs.

Both Peterson and Boetius said that there were a number of applicants vying for the roles. The selection should be made by the Supervisory Board of Directors, although there is some uncertainty because the board has consisted of just two members for some time now, while it should comprise three members.

When asked, Boetius said only that according to the Articles of Incorporation, it should be decided by the board. He did not answer a question on whether or not they were actively looking for another board member as well.

Peterson was first sworn in as Acting Conservator of Mortgages on July 2, for a period of three months. This expired October 2, and she was officially reappointed on October 6, for another three months, she disclosed on Thursday. However, the roles are set to be finalised by the end of the month.

Roos

Roos had been arrested in connection with a pending sentence for having committed large-scale fraud with social benefits in the 1990s.

As previously reported, The Dutch National Prosecutor's stated on July 1 that Roos has to sit out 475 days in prison. He had first been sentenced by the Court of First Instance in 1997 for fraud committed while he had been employed by the Social Insurance Bank in the Netherlands. He was also ordered to pay 84,646 guilders to the Bank.

After appealing, he was irrevocably convicted by the High Court in The Hague in 2011 to 22 months, six of which were suspended, on two years’ probation, but was only arrested in St. Maarten in 2015, when he was tracked down.

He registered with the St. Maarten Civil Registry and started his career at Kadaster in 2009.

After a request for reprieve which was filed by Roos was turned down, the Prosecutor’s Office decided to arrest him. He was held for a fugitive, as he had left the Netherlands without leaving an address.

Roos and his legal representatives in the Netherlands claimed that Roos could have been contacted via his attorney, and had registered with the authorities in St. Maarten after his arrival. Therefore, he should be considered a so-called “self-reporter.” A self-reporter is entitled to postponement of the execution of a sentence on certain grounds.

In an injunction, Roos requested the Court to grant him the status of a self-reporter to allow him time to provide the St. Maarten Kadaster with a suitable successor and to handle private matters. The Court ruled in his favour August 7.