Marigot: --- Mayor of the former commune of St. Martin Raoul Albert Fleming is facing a six months suspended prison sentence with a 10,000 Euros fine for not making sure all the necessary paper work were in place prior to granting Rainbow Transportation Services (RTS) a contract in December 2004. Collectivity worker Priscilla Bade is also facing a 5000.00 Euros fine and a six month suspended prison sentence for not complying with the French laws when she registered Rainbow Transportation Services (RTS).Prosecutor Jacques Louvier told the court on Thursday that Fleming as Mayor of St. Martin and the President of the bidding commission did not execute his duties and verify if RTS was eligible for the contract that was awarded to them. Rainbow Transportation Services (RTS) was registered after the bidding process Louvier argued since the necessary paperwork was not provided. The case was brought to the attention of the justice system in 2005 when the preceptor of St. Martin found out that RTS was not fully registered.
Louvier asked the president of the Court of First Instance to impose a six month suspended prison sentence and 10,000 Euros fine for the administrative errors on Fleming and six months suspended sentence with a Euros 5000.00 on Priscilla Bade.
The presiding court president asked Fleming and Bade several questions as to what sort of relationship the two had. It was clear that the court wanted to know if Fleming and Bade had an intimate relationship or if she was paying the Mayor for the contract. "How far away is your office from Mr. Fleming and how often do you see him and who recruited you as a civil servant and are you qualified for the position were some of the questions posed to Bade by the court's president. Obviously shaken and nervous Bade was looking to her lawyer Maitre Aude Richards for assistance to provide the right answers. On several occasions during the trial Bade struggled to provide the answers to the questions posed to her by the court's president.
However, the court's president made sure he got the answers from Bade and not her lawyer. Bade is also accused of hiring four workers illegally since none of them were declared. She told the judge that she has minimum share in the company and that she did not fill in the necessary paper work. Bade said RTS belonged to her brother and she is just a shareholder. Asked how much she was paying each of the four employees Bade had trouble answering those questions since she claimed she was not the one paying the workers. She also indicated to the court that the four employees were not working for her instead; they were working for RTS.
Maitre Richards during his arguments said the person that filled in the necessary paper work for the December 24 2004 bidding was the father of Bade's only child and that the company was registered in September 2004. Maitre Richards also provided several documents to the court to show that his client and RTS did comply with the laws as stipulated.
Pricilla Bade was the head of communications for the commune of St. Martin when the company was registered and the bidding took place. Richards also argued that this case is based on discrimination since the court is doing its best to prosecute Fleming a well-known St. Martiner who gave 30 years of his life to public service. Richards also pointed out that the bidding commission had six members to which Fleming was the president. He said on December 24th 2004 there were four of the six members that handled the bidding and yet only Mayor Fleming is prosecuted. He asked where are the others and why is it they are free to live their lives while his client and the Mayor are being prosecuted. Richards said the judge of instruction also pointed out that the technician and the rapporteur that handled the files prior to presenting them to the commission should be held responsible.
In the meantime, Mayor Fleming made sure he indicated to the court that they need to pay attention to the choice of words they use when dealing with the case, at some point the court's president wanted to question Fleming about Bade and him and instead of using her name or function; he referred to her as Fleming's collaboratice. Fleming told the judge Pricilla Bade was not working for him personally, she is an employee of the commune now Collectivity of St. Martin. He also made clear that the young woman standing beside him in the court is a civil servant. As for charges, Fleming admitted that the bidding commission failed to examine the files properly. He said that the bids passed through a technician before it gets to the commission and that the only way a dossier would reach them is if it qualified. However, the court's president and prosecutor did not accept Fleming's argument saying that the least he could have done is open the envelopes when it was presented to the commission and verify them as President of the commission. Prosecutor Louvier said he was president of several commissions and he knows how the process works since there are statues on these commissions. Louvier argued that the files on each bid was in the hands of Fleming as well as the other members and the rapporteur and all they had to do was examine them. Fleming in his final statement to the court said that he does not know if the court has an idea as to how many files passed through him during the 30 years as public servant. He said the only contract that catches the eye of the court system is the contract granted to RTS and hoped they can consider an acquittal.
The court also summoned head of the human resources of the Collectivity Vernon Roper to question him on the relationship between Fleming and Bade. Roper was asked who recruited Bade for the job at the Collectivity and how did the hiring take place. Roper told the court that Bade was seeing the Mayor on a daily basis since she was the head of the communications department. Roper said in his eyes there was nothing extra-ordinary between Mayor Fleming and Bade. He was asked who recruited civil servants while Fleming was Mayor. Roper responded by saying that it would be either him or Fleming but in the case of Bade he did the recruitment, which the Mayor sanctioned. The court is expected to deliver its verdict on April 22, 2010.
In an invited comment Mayor Fleming said he was not treated fairly since the other three former deputy mayors on the commission was not prosecuted. He said should he be condemned then there would be a criminal record on his police report, which would change his integrity as personal life. Fleming said whatever the outcome of the case he is prepared to deal with it since this case begun some five years ago and this is the second time it was called. "All I need to do now is get the verdict and move on Mayor Fleming told SMN News.
