SXMElections.com

PHILIPSBURG--More than four years after criminal complaints were filed against him in his capacity as former Tourist Bureau Interim Director and Head of Marketing, Edward Dest was found guilty by the court on Wednesday of embezzlement in his capacity as civil servant. However, the court imposed only a largely symbolic sentence of one day suspended, with one day's probation.

The judge found it proven that Dest had misappropriated funds belonging to the St. Maarten Tourist Office in New York NTO for promoting tourism to St. Maarten in North America and instead had used some US $20,000 for airfare, hotel rooms and daily allowances in Aruba, Panama and St. Maarten, and for the Tourist Bureau's Christmas dinner and Boardwalk Mas 2010 expenditures.

For these crimes, which were committed between June 1, 2009, and August 23, 2010, the Prosecutor had requested a suspended sentence of two months, with two years' probation. Dest initially also had been charged with money-laundering, but this charge was dropped.

Former Department of Finance head Bastiaan Roorda filed a criminal complaint against Dest, former Tourism Director Regina LaBega and civil servant L.C. in November 2010. As a result of the complaint, former Minister of Tourism Franklin Meyers suspended Dest and LaBega on November 3, 2010.

Meyers withdrew their suspensions on December 2, 2010, as there was lack of evidence of any wrongdoing, he said at the time. Dest is no longer working at the Tourist Bureau, as he fell seriously ill and has been declared unfit for work.

The complaints against him referred to an account with J.P. Morgan Chase Bank in New York with money to fund NTO on Fifth Avenue in New York City to promote tourism to St. Maarten in North America. The office received a monthly government contribution of $100,000 for marketing purposes in what was called the "essential market." However, it emerged that money from this account had been used for other purposes.

Dest had admitted to the court that he knew the money was destined to cover the NTO's operational cost. "The account of the Chase Bank was opened to pay the expenses of the office in the US," he had said. "The NTO budget entails rent, telephone expenses, salaries, trade shows, professional fees, travel expenses, et cetera. The travel expenses were from the US to St. Maarten and from St. Maarten to the US."

Dest initially was charged with eight counts of embezzlement, but the court found four of these counts not proven because former Commissioner of Tourism Frans Richardson had stated he had granted permission to make payments via the Chase Bank in these cases.

In sentencing, the court took into account that, except for the Christmas dinner, Dest had made these payments on behalf of and in the interest of tourism in St. Maarten. It was also taken into consideration that the crimes had been committed almost five years ago by a first offender.

Therefore, the judge deemed it appropriate to declare the defendant guilty without imposing a sentence. However, the current Criminal Code does not allow such a verdict, the judge said, and therefore it was decided to impose the lowest possible suspended sentence of one day, with one day's probation.

Attorney Janna Westra had said the Prosecutor's case against her client should be declared inadmissible because of undue delay of his trial and because he was the only suspect to stand trial.

Dest had been LaBega's successor as marketing director, had been guided by her and always had requested her permission to make payments, Westra said, in claiming it had not been primarily her client who had misappropriated money from the Chase bank account. LaBega had played a much bigger role in this than her client, the lawyer said. Westra claimed Dest had not had a fair trial and had been the victim of arbitrariness.

The court arrived at the conclusion that Dest's rights to a fair trial had not been violated and said the Prosecutor's Office had not made any decisions not to prosecute LaBega or L.C.

"The Prosecutor's Office is pleased with the conviction on several counts," said Prosecutor Nanouk Lemmers in a reaction. Asked whether the Prosecutor's Office would file for appeal against the sentence, Lemmers said the department would consider an appeal and make a statement later this week.