Basse Terre/St. Martin: --- The court of Grande Instance Basse Terre has rendered its verdict in the case brought against SMN News reporter Bibi Hodge-Shaw on November 3 2009. Judge Auguste ruled in favor of Hodge-Shaw while condemning the Directress of Communication of the Collectivity of St. Martin Colette Erivan to pay Hodge-Shaw the sum of Euros 1,500 in damages as well as all expenses endured during this procedure.
While the verdict was rendered on November 3, we only managed to receive it on Monday November 9 2009 from Basse Terre. Judge Aguste in her ruling has deemed the case of Colette Erivan null and void while disregarding the COM for the lack of an executive council decision.
On October 16th, Colette Erivan and the Collectivity of St. Martin summoned Hodge Shaw via an hour-by-hour summons. Hodge-Shaw was summoned to appear in the Court of Grand Instance on October 20 in Basseterre to answer charges of defamation. Erivan claimed that her photograph was used on SMN News website on October 8 2009 without her permission she further claimed she was defamed by the contents of the article, which highlighted the lack of communication from the COM.
Hodge Shaw in her arguments represented by attorney at law Jan Marc FERLY stated that Erivan is a public figure and the photograph that was used was taken with her permission. Erivan asked the court to award her Euros 5,000 for the abuse of the press, Euros 5000 for defamation while the COM asked for Euros 5000. Hodge Shaw in her arguments showed the court that there was no decision taken by the executive council to grant the president of the COM the authorization to summon Hodge Shaw to court. Hodge Shaw also argued that Erivan filed the case outside of her jurisdiction while the case was filed against Hodge-Shaw and not the director of SMN News. She also argued that Erivan did not support her arguments to show defamation based on the law. Hodge Shaw showed the court that Erivan and her legal representative did not live up to basic requirements of the court since they provided a translation that was not legalized. Based on the above facts Hodge Shaw asked the court for damages of Euros 12,000 including the legal fees and to deem each charge null and void.
In the meantime, the Collectivity of St. Martin filed a second court case which is scheduled to he heard on November 10. (Tuesday). It must be noted that while the COM filed this case on October 26th 2009, the first hearing was scheduled for October 27th, which had to be postponed due to the lateness of the summons.
While SMN News is prepared to defend the case that is filed against its reporter, the COM and its legal representatives did not provide Hodge Shaw with the necessary documents to prepare its defense. Our lawyers already informed the prosecutor about the lack of respect and abuse of the judicial system on the part of the COM. Only after a copy of the letter was sent to the COM lawyers did some documents send to our lawyers on Monday.
What must be noted in this case, is that the COM filed a case on October 26th 2009 and the president of the COM Frantz Gumbs in an attestation declared that a decision would be taken on November 5th 2009 in the Executive Council.
SMN News has learnt that two deliberations were taken on November 5th 2009, one being for the COM to take on the legal expenses of Erivan while the second was to give the President the authorization to proceed with legal actions against SMN News.
SMN News will update its readers on these cases as it proceeds.
We would also like to thank our supporters and those that stood beside us as Freedom of the Press was under attack. With the ruling on November 3rd, it is clear that the French judicial system still has full respect for, free speech, democracy and they also recognizes the need for a free press.
Below is the full text of the judgement issued on November 3 2009.
