Friday’s verdict in the trial of former Curaçao Prime Minister Gerrit Schotte was welcomed by at least one politician in the Netherlands (see related stories), but he may be rejoicing a bit early. After all, the MFK leader’s attorney has already announced an appeal that
would postpone the execution of his sentence.
It also means he could not just remain in Parliament, but take part in the September 30 elections despite having been prohibited from doing so during five years by the judge. That will then have to wait until the entire appeal process, possibly all the way to the High Court in The Hague, has been completed.
Mind you, there are many who believe Schotte ought to step down, certainly now that he has been found guilty of corruption – among other things – by a criminal court. However, the law says he can stay put until the conviction becomes irrevocable and that’s probably what’s going to happen.
There is still a limitation, because should his party get into government after the vote it’s not likely Schotte could pass the screening to become a minister under the circumstances. Nevertheless, he would not be the first political leader to remain in the legislature and direct his party’s cabinet members from there.
While an irrevocable sentence is also needed to kick someone out of the Parliament of St. Maarten, it’s the only Dutch Caribbean country of which the Constitution includes a provision for the suspension and temporary replacement of elected representatives when they are placed in pre-trial detention. In neither the Bada Bing case against then-parliamentarian Patrick Illidge nor the current “Octopus” investigation involving “Coalition of Eight” partner Silvio Matser has it come to that point, at least not yet.
The reality is that the William Marlin Cabinet no longer has a minimal majority required to pass the 2016 budget and this situation might last several weeks. Moreover, the issue actually wouldn’t be resolved were independent (former UP) parliamentarian Matser to be placed in pre-trial detention and suspended, because a “deputy” of opposition party UP would occupy the open seat with the next in line on its 2014 candidate list, Maria Buncamper-Molanus.
This subsequently would enable a different, UP-led majority coalition to take over and conceivably even form another government, although elections already are scheduled for September 26. Perhaps that’s why there has been talk of delaying going back to the polls once again.
The latter is certainly ill-advised, as expectations were created and several parties, including some “new” ones, are in full preparation for their desired participation. Any further postponement also would bring into serious doubt the local respect for basic democratic principles.
