Dear Editor,
The decision of the Joint Court of Justice to grant the Prosecutor’s Office permission to prosecute United Democrats (UD) leader MP Theo Heyliger continues to generate public discussion. However, the whole judicial system as it operates on St. Maarten needs to be further scrutinized vis-à-vis the dispensation of justice.
Justice, in a colonial setting, is different from justice in a sovereign nation. Throughout the history of colonialism, the judiciary functioned as one of the pillars upholding the system, usually under the pretext of maintaining “law and order.” But whose law? And whose order?
St. Maarten, as a so-called “autonomous country within the Kingdom of the Netherlands,” is nothing more than a glorified colony. The current constitutional arrangement creates the illusion that the Kingdom Government (read the Dutch Government) is only responsible for defense and foreign affairs, while ALL the other matters are in the hands of the “autonomous” countries. The reality, however, shows clearly that this is not so. The judicial system is a perfect example. The judges are appointed for life by “royal decree,” in other words, by the Dutch Government. The same goes for the Attorney General, who, in the case of St. Maarten, does not even reside on the island.
But what is more germane to the current discussion is the mantra that we should “let justice take its course.” Nobody would have any problem with that if, indeed, we were guaranteed that such a course would not deviate in any form or fashion from the principles of natural justice. These include that you will be judged by your peers, in other words, by people who look like you, speak your language, are part of your community and culture, and are sworn to fairness and impartiality.
This is absolutely not the case on St. Maarten. Let me illustrate my point. Would any Dutchman or -woman agree to be judged by a court in Amsterdam composed of Zulu judges and prosecutors, speaking Zulu, (oh, of course, with interpreters) and with the highest court to which they can appeal located in the KwaZulu-Natal province of South Africa?
I can hear the outcry already with shouts about this being an infringement of human rights. But the situation gets even worse on St. Maarten when other factors are taken into consideration. For example, in the pending prosecution of Theo Heyliger, the Prosecutor’s Office states that the politician is alleged to have committed bribery between 2012 and 2013. That is some six years ago! And only now did the Prosecutor seek authorization to go ahead with the case?
In another well-publicized case involving Regina LaBega, the former Managing Director of Princess Juliana International Airport, and yours truly, the allegations of criminal wrongdoing go back to 2010, when she was Director of the St. Maarten Tourist Bureau; that is eight years ago!
The so-called “Constitution of St. Maarten” acknowledges the adage, “justice delayed is justice denied,” when it states in Article 26 that “In the establishment of their civil rights and obligations and on prosecution for a criminal offence, all persons have the right to fair and public handling of their case, within a reasonable time, by an independent and impartial judicial institution.”
Is six years a “reasonable” time to handle an investigation of alleged “bribery”? Is eight years a “reasonable” time to bring a case of alleged “fraud and embezzlement” to court?
Let us put this in broader perspective: we are talking of a jurisdiction (St. Maarten) with a population of 40,355 inhabitants (according to official figures) occupying a territory of 16 square miles! Even in countries with infinitely larger populations and geographic areas, five years’ wait for a case to be brought to court would be seen as a violation of the human rights of the accused.
The British author and poet Walter Savage Landor once said, “Delay of justice is injustice.” But in St. Maarten, the delay of justice is not only injustice, it is punishment, even torture, which is proscribed not only by the United Nations, but also by the island’s “Constitution.” How do you live a normal life, with the Sword of the Prosecutor hanging over your head for years? How can your family live a normal life while they’re expecting that early-morning knock on your door, Gestapo-style, for you to be shackled away in front of your children and loved ones, for so-called pre-trial detention? How do your children go to school as if nothing happened?
It was Cicero who said, “The foundation of justice is good faith.” How can anyone have “good faith” in this justice system?
I shall reserve the discussion of the presumption of innocence until proven guilty for another day. Meanwhile, let me take some poetic liberty to conclude with a variation on an African proverb: A hen cannot expect justice from a court comprising foxes.

Fabian Badejo

Dear Editor,
The recent political turmoil that dominated the local air-waves regarding the possible fall of the present “government” once more reigned supreme at the kitchen tables of residents and visitors to our island. This is highly regrettable, leaving speculations aside for the reason or reasons why this event caught on like one of our now infamous dump-wild-fires. This ‘fake news’ served to magnify the fact that we still face unstable governments and lack of effective and decisive leadership at a critical time when focus should be on a cleaner, safer, beautiful Sint Maarten, and a robust economy, thereby creating a better quality of living for our citizens and great experience for our valued visitors.
Effective and decisive leadership remains elusive even after having two back -to-back elections in the space of two years where promises were made to the electorate. Don’t take my word for it. Take a good look around you and compare your living conditions today against those promises made.
Amidst the distractions, speculations and innuendos circulating our households, many of our citizens are really struggling while keeping up appearances regarding the true depth of their hardship. It is a known fact that we now have a large group of people, estimated to be 75 per cent of our population, who live just below the so-called poverty line. If these figures were accurate in 2016, one can only imagine how many more have regrettably joined this social ladder post-Hurricane Irma.
Where is the middle class? Should our focus not be aimed at establishing policies and programs that would increase employment, lower taxes, opening five-star hotels, establishing affordable healthcare and decent social housing, providing efficient service from government, increasing integrity and being accountable to the people?
Prices of building materials and other durable goods have spiraled. Those businesses that have not closed shop still lack support ( not a handout mind you) from lending institutions in terms of receiving a rebuilding loan at an interest rate at three per cent or lower.
School fees have been increased, while parents and our society are faced with an unacceptable shortage of teachers at our schools. The absence of a locally established eye specialist and other much-needed specialists on the Dutch side, remains a thorn in the side of our people. Our people and visitors are still inhaling poison caused by the garbage dump in Philipsburg.
Most of our roads are still dotted with potholes. Loose garbage and car-wrecks line our sidewalks and neighborhoods. The causeway and Simpson Bay bridges that cost taxpayers millions, as well as many streets in the districts, still lack complete lighting one year after Hurricane Irma.
These are some of the serious social/economic issues our people are confronted with. Yet, effective leadership that approaches these and other pressing issues in a decisive and open manner remains elusive. St. Maarten deserves better.
Sound and comprehensive and forward-thinking management of the people’s business is needed, not a drip, drip approach and ad-hoc manner of governing seen at both levels of government, Parliament as well as the Council of Ministers.
Don’t be distracted from what is really important to this nation. Your and your children’s future is at stake.

Gracita R. Arrindell

Dear Editor,
On Thursday morning early, someone called me and told me that I am finally going to get my plastic bags. I explained to him that I was not in the plastic bags business and that he should understand what he reads. Check the paper, MP Sarah is taking over the plastic bag law from Frans and Janchi. After explaining him about the plastic bag saga, he finally understood why I continue to refer to that plastic bag business.
Then I told him since they finally decided to make a move, the next move should be the public transportation. I know that government is responsible for everything good or bad that happens in the country. Some directly, some indirectly and I believe public transportation is one of the direct ones. When someone is setting up what is known to be bus-stop-huts with or without permission all over the country, whether there is a bus stop at that spot or not, is reckless behaviour, and irresponsible behaviour on behalf of government. And government knows this and is leaving the reckless behaviour continue, again feeding the Dutch with more ammunition to mess with us.
Some people have asked me if the way they are put down, they could withstand a hurricane. I believe that VROMI is responsible for that part, but I want to know who goes to a bus stop to charge their phone? I have always said that one should copy the good things. Arubus, the Aruba public bus company goes to every point on Aruba and is also on a time schedule.
By now the people should have realized that I believe in fairness. When my letters to you make the opinion page, they are black on white, and I stand responsible because I am aware that it is your prerogative to print or not to print. I have also mentioned that I do not think it is correct for members of government in their official capacity should write letters to you, expecting you to print them. That in my opinion is delegating responsibility to you and you in that instance are deciding which can affect the community whether negative or not.
To me there is something wrong with that picture. I read a letter from Julian Ebenezer who quoted MP Sarah Wescot-Williams as saying or writing (I could not determine which) “It is sinking in with our local politicians that this isn’t an attack on Theo; it is an attack on the stability, prosperity and political sovereignty of St. Maarten.” And my answer to that is: “The same goes for toppling of our government so many times in so few years. In no form or fashion would I not make use of the opportunity to voice my opinion against blatant injustice, but how strong am I.
Who placed those signatures for 10-10-10? Did not we also throw our own young Sint Maarteners under the bus. One of those instances that lives with me is the head of VDSM. I have mentioned it many times and it has been proven time and time again that the Dutchman’s motto is: “Voor wat hoort wat” and “Ik zal je noch eens krijgen.”
When I was in the 7th grade one of the subjects was “Vaderlandse Geschiedenis” (History of Holland). Mouthy me asked my father how come we don’t know the history of Aruba, but we have to learn the history of Holland. My father, the diplomat, started with a story and my mother cut him off “Because they want to show who the boss is.” My father sailed so my mother was mostly in charge. I remember one time my father told me that the boss might not be right but remember he still the boss.
When I told my mother what “daddy say” she told me don’t walk around with that foolishness in your head, wrong is wrong. If it does not concern you directly leave it alone, but we teach you to respect people. Not because he is the boss that makes wrong right. I’m going to tell your father what I told you. I started out with being fair and that is because in my opinion MP Frans Richardson was not given the same attention and support as MP Theo Heyliger.
Why only now? I also read a list of names in another letter and no matter what, forgiveness is due to them, but were they right. And why did the list have to go on and on. Does not anybody care? What happened to “Fool me once, shame on you, fool me twice shame on me?”
The salaries of the MPs are exorbitant, not to mention the gratuities and two extra years if you were not re-elected. What more do you want? The Bible teaches that both power and money not handled correctly is destructive. When they see the results of not adhering to this teaching, all kinds of blame are going around. I can imagine politicians playing their games, but it is the people who put them there and it is the people’s money they are messing around with. So, no matter who lends from who, the people have to pay it back.
Devote energy on how to administrate that 4 billion in order to reduce that 70% of us who living just on or below the poverty line.

Russell A. Simmons

Dear Editor,

It seems like some degree of patriotism is finally taking hold on St. Maarten. I see more and more persons are questioning the motives of our alien prosecutors. Some rightfully are being cautious as  in the case of Member of Parliament (MP) Sarah Wescot-Williams, who said “I am usually quite hesitant to publicly and hastily comment on this type of cases, because I wonder, would it do the person more harm than good.”

When I started to write about this issue I had the same reservations but to that I took comfort in the saying, “For the wrong to prosper it takes the silence of good men.” It is sinking in with our local politicians that this isn’t an attack on Theo, it is an attack on the stability, prosperity and political sovereignty of St. Maarten.

I am not suggesting that Theo be exempted from the rule of law. In fact, I am hoping it works and as such he is vindicated that there is no solid and absolutely irrefutable evidence against him. I am, however, worried that the law is being used as a political weapon to create some degree of destabilisation. An unstable St. Maarten lends for great political mileage for some European Dutch politicians. 

The issue of Theo’s legal struggles seems to me a situation of interference of European Dutch politicians, the likes of Van Raak and Boasman, who find “Trump-like” support by stirring up the “strife of being different.” Notice I did not use the word “racist” as yet.

These politicians, fuelled by humours/melee and wanting to point fingers far off to our island instead of in their own backyard, use their positions to influence the prosecutors, who then seemed pressured to conjure up legal debacles for the people of St. Maarten.

I know it is not fair to only blame the European Dutch, locals with a grudge often repeat, post or share a negative imagines/rumours of St. Maarten void of patriotism and/or worse yet unsubstantiated rumours based on no solid prosecutable facts.

I noticed the judges of the joint court took time to point out that the court did not lightly consider the request to prosecute Heyliger and their decision was not based on political motives. It is understandable that these judges sitting from afar made such a decision. At the end of this, their decision will, I hope, put an end to the continuous targeting of the island’s highest vote getter.

I read in your newspaper, Prime Minister Leona Romeo-Marlin’s position that from government’s end, a careful eye will be set on ensuring all procedures and due diligence are properly followed. It is time that the alien prosecutor’s office be watched, monitored and scrutinized.

Maybe a screening system, the sort of the one used by the Dutch against local politicians, should be implemented for alien prosecutors and judges wanting to work on St. Maarten. Should breaches of confidence continue to pop up from within our justice arms, the “watched, monitored and scrutinized” should be enough to warrant legislative discussions on the implementation of complete screening for the good of all involved. St. Maarten should not accept any except the ones of the highest integrity, who can pass the screening.

MP Tamara Leonard said Wednesday systematic targeting is stagnating St. Maarten. I agree with her statement. I have seen this MP speak her mind on the floor of parliament and I applaud her for having the civility to openly defend and support a colleague and a local leader.

She might be the MP that sees it fit to table a motion to review the way in which prosecutors and judges are posted to this faraway vacation spot called St. Maarten. Are St. Maarten and the islands considered a dumping ground or a political reward for the justice personnel in Europe? What are the benefits to being here apart from the sun, sand and sea? How and who selects them for this luxury spot? Are there any undue political forces that might have the ability to influence these aliens? How would St. Maarten go about screening them to ensure that the laws of St. Maarten are not breached by overzealous aliens? Something like the screening used by the Governor of St. Maarten would work great.

To Theo and his family: much strength and with this battle comes your vindication!

Justin Ebenezer