Court increases Otmar Oduber’s sentence to two years in prison in Flamingo case

ORANJESTAD — The Joint Court of Justice has sentenced former minister Otmar Oduber to two years in prison in the appeal of the Flamingo case. In addition, he will be barred from standing for political office for five years.

The sentence is considerably more severe than the punishment imposed by the Court of First Instance in January 2025. An important element of today’s ruling is that the Court did not find all allegations against Oduber in the Malmok dossier proven, but did find him guilty in the case involving the so-called ghost employees Thiel and Phillips.

According to the ruling announced today, the Court found that through the arrangement involving the two employees, the Country of Aruba was defrauded.

NOT FOUND GUILTY OF THE ENTIRE MALMOK CASE

The Flamingo investigation consists of several separate dossiers, which has caused confusion over the years about exactly what Oduber was accused of and which allegations ultimately resulted in convictions.

One of the main components is the Malmok dossier, involving the allocation of two leasehold parcels while Oduber served as Minister of Spatial Development, Infrastructure and Environment.

In the first-instance judgment, the court did not find every Malmok allegation proven. Oduber was acquitted of the principal charge of completed fraud, but convicted of attempted fraud and abuse of office in part of the dossier.

According to the information from today’s ruling, the Court of Appeal likewise did not find Oduber guilty of the entire Malmok case. This distinction is important, because the two-year sentence should not be interpreted as confirmation of every allegation that has circulated around the dossier over the years.

THIEL AND PHILLIPS: COURT FINDS ODUBER GUILTY

Another major component of Flamingo concerns the so-called “ghost employees” — government workers who, according to the prosecution, received salaries without actually performing the work for which they were being paid.

At first instance, Oduber was found guilty in relation to two employees, identified in the proceedings as Thiel and Phillips, while being acquitted regarding a third person.

The Court has now confirmed Oduber’s guilt in relation to Thiel and Phillips.

The central conclusion is that Oduber, while serving as minister, participated in an arrangement through which the government was deceived and public money was paid for functions that, according to the Court, were not performed as required.

TWO YEARS IN PRISON

The final sentence is significantly heavier than the punishment imposed at first instance.

In January 2025, Oduber was sentenced to one year in prison, most of it suspended, together with 240 hours of community service. Because of time previously spent in detention, he did not have to immediately return to prison.

Both the Public Prosecutor’s Office and Oduber appealed. Oduber sought an acquittal, while the prosecution considered the original sentence too lenient and requested three years of unconditional imprisonment and a six-year ban from public office and standing for election.

The Court did not impose the full three years requested by prosecutors, but increased the sentence to two years in prison, together with a five-year ban on standing for political office.

ESSER AND WEVER

The appeal also concerned Esser and Richinella Wever.

Esser, who had been acquitted of the charges against her at first instance, was sentenced today to 240 hours of community service.

Wever was found guilty of forgery and abuse of office, but the Court did not impose an additional punishment on her.

WHAT IS THE FLAMINGO CASE?

The Flamingo investigation began several years ago and concerns the period from 2017 to 2019, when Oduber served as minister. The case was divided mainly into the Malmok dossier, the ghost-employees matter and other allegations involving possible abuse of public office.

Oduber was arrested in 2022, followed by the first-instance judgment in January 2025 and the subsequent appeal.

During the appeal, the defense continued to argue that the investigation contained procedural problems and that various decisions made by Oduber were political or administrative decisions rather than criminal acts. The defense sought a full acquittal.

The Court did not accept that request.

Today’s judgment therefore makes an important distinction: Otmar Oduber was not convicted of every allegation in Flamingo or of the entire Malmok dossier, but the Court did find the fraud against the Country of Aruba involving Thiel and Phillips proven. Those proven offenses resulted in a two-year prison sentence.