Chief Magistrate Margaret Ramsay-Hale confirmed a warrant on Wednesday for the arrest of Canadian national Daniel Peter Vanderwerff.
Vanderwerff, 41, first appeared in Summary Court on a charge of theft on 20 June 2007. He was accused of stealing US$230,647.29 from K-Coast Development Ltd, where he had worked as project manager.
Monies were allegedly taken between April 2006 and February 2007.
He was bailed on terms that included a $5,000 cash bond and a charge of $50,000 on property Vanderwerff owned in the Spotts area. He was not to leave the jurisdiction or attempt to do so.
A second set of charges was brought on 8 November 2007. Three alleged that Vanderwerff falsified payment instructions in the computer system of K-Coast, his employers, by entering false amounts for payment. A fourth charge related to obtaining a wire transfer for CI$84,000 by deception.
On 27 November 2007, there was an emergency application to vary his bail because Vanderwerff had fallen from a roof and fractured his pelvis. The court was told he needed to be airlifted off-island.
He was granted permission to leave the jurisdiction for medical treatment and his passport was returned to him.
The matters were adjourned until dates in December and January so the court could be advised of Vanderwerff”s condition. Meanwhile his first attorney applied to come off record and a second attorney appeared.
On 31 January, the court received a letter stating that Vanderwerff had been transferred from Cayman to Florida and then to Ontario Canada for management of significant injuries. His mobility was restricted and he would be unable to undertake significant travel for three to six months from the date of his surgery on 3 December.
The matters were adjourned until 17 April and then until 8 May. On that date, Attorney Edward Renvoize handed up a letter from a medical facility, which stated Vanderwerff required regular therapy and attendance for approximately six months. He suggested a date in October.
Senior Crown Counsel Trevor Ward said the Legal Department was in receipt of credible evidence that seemed to cast some doubt.
Mr. Renvoize said he understood Mr. Ward to be saying that Vanderwerff was walking and up and about. ‘Perhaps you would order disclosure of the intelligence on which they rely,’ he suggested to the sitting magistrate.
The matters were adjourned until 22 May, when Mr. Renvoize said it was for the Crown to produce evidence of Vanderwerff’s malingering. He pointed out the man had broken his pelvis and his spine and was undergoing physical therapy. He reminded the court that Vanderwerff could not undertake travelling for three to six months from December 2007.
The magistrate set 19 June for a preliminary inquiry. On 8 July, the PI was adjourned until October. A warrant was issued for Vanderwerff’s arrest.
Last week, Mr. Renvoize told Chief Magistrate Ramsay-Hale ‘Mr. Vanderwerff has failed to provide us with instructions.’ He was given leave to come off record.
Crown Counsel Kirsty-Ann Gunn asked to vacate the October PI date because the defendant was not present and was not represented.
In addition to issuing the warrant, the magistrate ordered the cash bond and charge on the property forfeited.
Asked afterwards about the warrant for Vanderwerff’s arrest, Mrs. Gun replied ‘The Crown will pursue the legal options available to execute the warrant.’