PHILIPSBURG--Minister of Justice Nathalie Tackling declined to answer questions during Wednesday’s Council of Ministers press briefing regarding the application of Article 30 of the Constitution of St. Maarten, which provides that persons awaiting trial should be detained separately from convicted prisoners.
The questions, submitted in writing by The Daily Herald on May 28, 2026, sought clarification on whether current detention practices at Pointe Blanche Prison comply with constitutional safeguards afforded to pre-trial detainees. Despite having received the questions nearly three weeks earlier, the Minister did not provide a substantive response.
The newspaper’s inquiry followed an earlier letter sent to Tackling on May 25 raising concerns about the detention conditions of Dr. Danny Dennaoui Jr., who remains in pre-trial detention and has not been convicted of any crime. The letter questioned whether the Ministry considered Pointe Blanche an appropriate environment for a detainee without a criminal record, particularly after statements made in court suggested that the prison population largely consists of persons accused or convicted of serious violent offences.
In a response issued the same day by the Minister’s spokeswoman, the Ministry stated that it could not comment on individual criminal cases, including decisions related to pre-trial detention, alternative detention measures or specific placement decisions. The Ministry emphasised that such matters fall under the responsibility of the Public Prosecutor’s Office and the Court.
The Ministry added that it remains responsible for the general management of detention facilities and is committed to ensuring safe and humane detention conditions, but would not discuss individual security assessments or protective measures concerning specific detainees.
Following that response, “The Daily Herald” directed a separate set of questions to the Prosecutor’s Office on May 27. Those questions focused on the use of pre-trial detention, alternatives to detention and concerns regarding the safety of vulnerable detainees housed at Pointe Blanche.
The Prosecutor’s Office also declined to discuss the individual case in detail. However, its spokeswoman stated that decisions concerning detention conditions, inmate placement, prison management and internal safety measures fall under the responsibility of the prison administration and the Ministry of Justice.
The response also noted that Dennaoui is being investigated for serious offences, including hostage-taking and violent theft, and that decisions regarding pre-trial detention are subject to judicial review. The spokeswoman added that the Prosecutor’s Office would respond to a series of general questions “in due course”.
The matter resurfaced during Wednesday’s press briefing when The Daily Herald asked both Prime Minister Dr. Luc Mercelina and Minister Tackling about reports that Dennaoui is sharing a cell with convicted inmate Marlon Brooks, who is serving a 16-year prison sentence following his conviction in the attempted murder of Estika Halley and related offences.
During the question, The Daily Herald also noted that the woman whose allegations led to the criminal investigation had reportedly been detained by French immigration authorities and deported from the French side of the island on June 11.
The newspaper's statement was based on an investigation report dated June 16, prepared by a licensed French private investigator, which states that French authorities confirmed the woman had been found to be in an irregular immigration status, placed in administrative detention and subsequently deported by plane to Dominica.
According to the report, French authorities were allegedly contacted by an individual claiming
to represent the St. Maarten justice system, who requested that deportation be avoided because the woman was considered a witness in an ongoing criminal case. Despite that request, the deportation proceeded.
Referring to Article 30 of the Constitution, the newspaper asked what the government would do to protect the constitutional rights of a suspect who, according to relatives, is being housed with a convicted prisoner and who is expected to remain in detention until at least the next pro forma hearing scheduled for September.
Tackling declined to address the constitutional question directly. “I’ve said the Ministry will not comment on individual cases,” the Minister stated. “I find this level of biased reporting also very concerning.”
She further argued that decisions regarding pre-trial detention are made by the judiciary and the Prosecutor’s Office, not by the Minister.
“His pre-trial detention was ordered by a judge, not by me and by the prosecutor,” Tackling said. “The family is of course open to exhaust all legal measures available to them should they not agree with his detention.”
When the newspaper attempted to clarify that the question concerned compliance with Article 30 of the Constitution rather than the detention order itself, the opportunity for a follow-up was cut short and the briefing moved on to another reporter.
The Minister also stated that questions concerning the detention arrangement had already been submitted by email and that “the prison will be responding to those.”
However, despite that assurance, “The Daily Herald” has received no response from Pointe Blanche Prison Director Steven Carty regarding whether Dennaoui is being housed with a convicted inmate or how such an arrangement would comply with Article 30 of the Constitution.
The newspaper subsequently submitted a formal letter to the Council of Europe drawing attention to the issue, citing concerns over constitutional compliance, the treatment of pre-trial detainees and the continued detention of a suspect alongside a convicted prisoner for what could amount to at least seven months before the next scheduled pro forma court hearing.
