Philipsburg: --- Former Democratic Party Commissioner of labour, youth, and cultural affairs Louie Laviest pleaded with the joint court of appeals on Thursday telling them he is no criminal and that he does not have any bone or hair that is of criminal nature. Laviest admitted to the court that he made several administrative errors regarding his foundations but none of it was of criminal or mal-intent. "When I was elected in 1993 I was young and green, I wanted to impress everyone, and I believe that is where I went wrong. I have learnt a valuable lesson your honor and I would make sure I think things through thoroughly before committing myself in the future." Laviest told the three panel judges.Laveist was quizzed on the forged minutes of the Culture Club Foundation. Laveist maintained that he and the other members of Culture Club foundation did not forge the minutes, but said he could not understand why Lydia Arnell and Virgillo Brooks would deny attending the meeting or why they would say they were not members of Culture Club. Laveist said he did resign as president of the Culture Club based on advice given to him by AMFO after he requested funding for the "Rally around the Flag project". AMFO he said told him it was best that he resign to avoid conflict of interest. Laveist said even though he resigned as president he did remain a member of the foundation and was instrumental in advising the team.
However, Laveist said he neither the appointed president Roberto Richardson did not follow up with regular procedures by changing their board members at the notary. He said it was an oversight since both him and his team was busy with other projects such as "Christmas Village" Laveist told the judge that Lydia Arnell was the person who was writing checks and making deposits for the Culture Club. He said she was the one doing the administrative work while Virgillo Brooks was the one taking out the invoices and picking up the checks for the foundation. In fact, Lydia Arnell was the project coordinator. He said he does not know if these persons panicked when they were questioned by authorities but maintained that when he resigned both Arnell and Brooks were appointed members of the foundation. Asked if he realized that the mere fact he was acting behind the scenes it was still a matter of conflict of interest? 
Laveist said there was nowhere he could have stayed out completely because he was the commissioner of culture and he is the one who suggested the project "flag day." Quizzed about the statements he made to the investigating officers Laveist said when he was arrested and questioned he did not know what hit him and as such he probably did not give all the right answers. He told the judges that it was after he was released he did his research and realized that some errors were made during the administrative process. Laveist said he kicked himself for the mistakes he made but insisted it was all hindsight. Laveist said even his wife Betty Laveist got nervous and made a wrong statement when she was questioned about the forged minutes. "It was only after my wife saw her signature she remembered she was in fact at his office and attended the meeting."The prosecution claimed Laviest defraud AMFO Naf 22,750 which was transferred to the Culture Club Foundation that was to be used for the celebration of Flag Day. The prosecution said some Naf. 5000.00 were transferred to Laveist's personal account. The former commissioner said that is indeed so, but explained that he took his personal monies and advanced the foundation since they had to find monies to pay an advance on the purchase of the flags. Laveist said the team also took monies from his other foundations to make the payments but the intention was to reimburse everyone when AMFO give them the monies. He said he not think he was doing anything wrong since he took monies out of his account to pay Escobar for the purchase of 6000 flags so they could have met the deadlines. Laveist told the judge that the Culture Club Foundation was established long before he entered politics since he was the host of a radio program, a book and play writer.
The prosecution charged that Laviest took some $6,000 from Bargains Unlimited to provide the company with working permits for their personnel since he was the labor commissioner. Laveist said that company sponsored his cultural radio program for one year. He said the company committed $500 monthly for the program and in return they got two advertising spots and an honorary mention. Laveist said he did not give any of the 15 businesses he lobbied for sponsorship the impression that he would grant them any favors. He said that Bargains Unlimited chose to write one check of $6000.00 to Culture Club instead of monthly payments. As for the 13 working permits the company requested Laveist said he was not aware that they had requested these permits. "It was after one year when that company did not get a response from the labor department they contacted me and I discussed it with the executive council. I also voiced my opinion to the council saying it was unfair to any company to wait for one year and then get a negative advice. I also asked them to reconsider their decision" Laviest said even though there was a moratorium in place it was not illegal for businesses to file their request for labor permits, he further explained that he was not present when the executive council agreed to grant eight of the permits to Bargain Unlimited.Trip to Canada paid by Bemal Enterprises.
Laveist was also accused of taking $13,000 from BEMAL Enterprises. The monies were used for Laveist and his executive assistant Roberto Richardson to travel to Canada where they went to see the type of furniture that is manufactured there. The prosecutor believes the only reason BEMAL enterprise gave this money to Laveist is because they were promised the contract to furnish the new government building. Laveist said he does not know anything about the $10,000 since he never received any monies from the company. He did admit that BEMAL provided the tickets for both him and Richardson to travel to Canada. Laveist said there was nowhere he could have promised or discussed the contract with Bimbo (BEMAL) since there was not even a terms of reference in place for the government administration building.Laveist said his trip to Canada was one of sight seeing and that the owner of BEMAL is his neighbor. "I thought Mr. Bimbo was just being a genuine friend, I did not promise him any contract for the new government building, but he did furnish my house which I paid for." Laveist said he felt the businessman was trying to form a relationship with him since they were neighbors. He further stated he would not take even a sweet from anyone since he really learnt a valuable lesson now. Laveist made clear that he did not take any $10,000 from BEMAL instead he paid for his lodgings and sight-seeing himself. The former labour commissioner felt the trip served to be educational for both him and his executive assistant. However, he agreed accepting the tickets from BEMAL was bad judgment since that businessman clearly taught he was going to get something in return.
Sammy the Barber--- Who Owns Barber Shop.
Laveist was also charged and convicted for hiring an illegal barber, Samuel Boney, Laveist said he is not the owner of any business on St. Maarten. He said the barbershop is owned by his sister and nephew. Laveist said when his phone was tapped and he was heard saying that he was at his barber shop it was just a figure of speech, since he would say, "my bank, my doctor" in speaking. He admitted that he lone his nephew monies to open the barbershop since his nephew was looking for work for at least two years. Laveist said he was not the only relative that lone his nephew monies but his two sisters also did the same. The former labour commissioner also admitted that he assisted his nephew with the filling out the forms to request a residence permit for Sammy the barber and he is the one that submitted the forms signed by his nephew. Asked if he believed that he misled people with his actions Laviest said he did but all of it was stupid mistakes.Laveist admitted that he would sometimes go to the barbershop when his nephew had to run errands.
The panel of judges also want to know why Laveist did not resign from the island council, he responded by saying that he did not feel it was right for him to resign and leave the people who voted for him. They also quizzed him on his future career and wanted to know if he would continue his political career. Laveist said that he does not know what he wanted to do next since the only thing on his mind right now is to vindicate himself and politics for sure is far from his mind for the moment.
The former commissioner known as "Man of Action" broke down in tears when he was asked what he does now for a living. Laveist said he is the only one caring for his bedridden mother who is dependent on him. He said he also takes care of his only daughter who is now four years. Laviest explained the panel that he worked as a civil servant for 26 years as well as for a bank and he never once committed any crime. He said once he was approached by someone who offered him $5,000 for expired passports and he reported the matter. Asked if he would serve on foundations Laviest said that he would stay far away from that even though he is a man who loves to assist people and his community.
Attorney at law Cor Merx surprised both Laviest and those in the tribune when he asked Laveist if he was willing to do community service if for some reason he is convicted. After pondering on the question Laveist said he was ready to do anything for the community if that is what it takes to make things right.
Defense attorney Cor Merx in his pleadings said the prosecution simply did not provide evidence to prove their case. Merx argued viciously against the prosecution case, saying it would not stand up in the supreme courts. Merx made several references of the law as he poked holes in the prosecution case. Merx said AMFO agreed that the time span was short and they approved the monies for Flag Day because the amount was small. According to their own statements, it is clear they don't feel as if they were cheated.
Merx pleaded with the court to acquit Laveist on all of the five charges that was laid against him.
While Attorney General Ton Van der Schans is of a different opinion. He said it does not matter how one looks at this case, it is clear to him that Laveist used his public function to serve his private interest. He said Laveist was switching hats, one time he was commissioner, the other time he is doing things for his foundations.
Van der Schans said the facts of the case were proved and one thing that should not be allowed is that no one should be allowed to entangle their public function with their private business.He urged the court of appeals to uphold the verdict of the lower court, Van der Schans maintained that Laveist should serve 24 months behind bars and banned from holding public office for five years. The court will pronounce its verdict on February 11 2010 from Curacao.
When Laveist was given the opportunity to speak for the last time, he said he hoped that the judges believed him since he did nothing with criminal intent. He also apologized for the administrative errors that were made on behalf of his foundations.
In the court room on Thursday it was clear the supporters of Laveist was worried at times while they were fully satisfied with his defense lawyer former prosecutor Cor Merx.
