PHILIPSBURG:--- The Court of First Instance of Sint Maarten has ordered former politician and developer Theodore Heyliger to pay USD 92.1 million in damages to Zebec Development N.V. for unlawfully obstructing the company’s Dutch Village project near the Dr. A.C. Wathey Cruise Terminal.
In its October 28 ruling, the court found Heyliger personally liable for abusing his position for financial gain, leading to the collapse of Zebec’s lucrative development deal. However, the court dismissed Zebec’s claims against Ocean Drive Properties N.V. (ODP) and its principals Deepak Ramchandani and Prem Mirpuri, citing insufficient evidence of wrongdoing.
“Zebec did not succeed in substantiating that ODP or its owners performed acts that led to the termination of its contract with the port,” the judgment stated.
A Long-Running Dispute
The decision ends more than three years of litigation over the stalled Dutch Village retail and entertainment project, once envisioned as a major addition to Sint Maarten’s cruise-port economy. Zebec alleged that Heyliger and business associates conspired to divert the project, demanding kickbacks and manipulating approvals.
The court ruled that Heyliger’s conduct constituted a wrongful act but found no proof that ODP or Ramchandani & Mirpuri directly financed or arranged any illegal payments.
Financial and Legal Consequences
Heyliger must pay USD 92.1 million plus statutory interest dating from October 1, 2021, and cover NAf 31,740.50 in legal costs. Zebec was ordered to pay the costs of the dismissed defendants — NAf 27,000 to ODP/R&M and NAf 24,000 to the St. Maarten Quarter Development Company N.V., which had already been released through an earlier settlement.
The judgment is immediately enforceable, even if an appeal is filed.
Significance
Legal observers say the ruling is one of the largest civil damage awards in Sint Maarten’s history and a warning to public officials over corruption in development projects.
Zebec’s attorneys hailed the decision against Heyliger as “a victory for integrity in public-private partnerships,” while ODP’s representatives said the dismissal confirmed their clients had “acted lawfully and transparently.”
What’s Next
Heyliger faces the challenge of satisfying the massive judgment amid ongoing scrutiny of his business dealings. The court’s decision closes a turbulent chapter in the island’s development history — and underscores that misuse of public power for private profit carries heavy civil consequences.
