PORT ST. MAARTEN – Today, June 14, 2018, the Joint Court of Justice rendered a provisional judgment with regard to the Public Prosecutor’s request for a civil inquiry and several injunctive measures.
The Court took into consideration that, based on several measures already taken by the Port, the Public Prosecutor withdrew several of the requested injunctive measures against the Port.
For example, the demand to suspend the entire supervisory board and to have the Court appoint an interim Chief Executive Officer (CEO) and new supervisory board, were already dropped by the Public Prosecutor before the hearing on May 24, 2018.
At the request of the Public Prosecutor, Mr. Mingo, CEO of the Port, was suspended until further notice. Mr. Mingo was already placed on non-active duty based on the allegations raised against him, so the Port did not object to his suspension.
The Court further ruled that the requests by the Public Prosecutor for other injunctive measures such as the appointment by the Port of a compliance officer and a confidential counselor will be reviewed during the next court hearing to be held on December 13, 2018. This gives the Port the chance to complete the appointments that are already in process.
On December 13, 2018, the case will continue. In the meantime, the Court invites the Port and the Public Prosecutor to discuss whether the objections raised by the Port for a civil inquiry (mainly costs and time) can be alleviated. Furthermore, parties can further discuss the scope and timing of a possible inquiry.
The Port management is pleased with the ruling of the court which, for the moment, allows the Port to focus most of its energy on the rebuilding efforts, which are of great importance for all Sint Maarten.
The Port will, however, also continue on the path towards improved compliance and good governance. Furthermore, the Port hopes to engage in fruitful discussions with the Public Prosecutor on the scope and timing of any further investigations the parties consider necessary to alleviate the Public Prosecutor’s concerns.