A court in Brussels, Belgium, has ordered the Belgian company Clairfield Belgium to repay more than €2.5 million to the Central Bank of Suriname (CBvS) because the payments were obtained on the basis of void contracts.
The judgment is provisionally enforceable notwithstanding appeal, which means the effect of the judgment will not be suspended if an appeal is lodged.
The court says the total amount, plus statutory interest from the date of the summons to the date of full payment, must be immediately repaid to the bank.
According to the court, these are fraudulent contracts that were entered into in violation of the Surinamese Anti-Corruption Act. As the unsuccessful party, Clairfield has also been ordered to pay the court costs of the CBvS.
Clairfield filed a lawsuit against the Central Bank of Suriname in May 2020 because, according to the consultancy, the bank had committed a breach of contract and refused a balance of €320,000 and demanded damages of €1,200,000 for allegedly paying for services rendered.
In her claim, the consultant also demanded compensation of €1,200,000 for alleged wrongful termination of the five agreements by the CBvS.
In a detailed and reasoned judgment, the court in Brussels annulled all five agreements that Clairfield signed in 2019 with the then Governor of the CBvS, Robert van Trikt.
The CBvS filed a counterclaim and in turn, demanded the nullity of all agreements concluded with Clairfield and the restitution of funds that had already been paid to Clairfield under the five agreements. Van Trikt was dishonorably dismissed by then-president Desi Bouterse in January 2020 after it became known that he had purchased two extremely expensive luxury vehicles with money from the bank.
He was also accused of having concluded financially disadvantageous contracts for the bank.
A criminal investigation that was subsequently launched uncovered the fraudulent contracts with Clairfield Belgium, after which Van Trikt was arrested and detained by the police. He was subsequently charged with violation of the Penal Code, the Banking Act, the Anti-Corruption Act, and money laundering. In January this year, the ex-governor was sentenced to eight years in prison. Last Monday, the Court of Justice in Suriname started his appeal case.
The Belgian court in its October 20 verdict dismissed Clairfield’s claim.
CMC/
