French Quarter:---- The Court of Grand Instance in Basse-Terre has ruled in favor of SMN News in the case brought against them by the Collectivity of Saint Martin. The Collectivity in its effort to silence the media and democracy filed two court cases against SMN News namely its reporter Bibi Hodge Shaw. Judge Auguste in her ruling on April 27th 2010 has declared the case brought against Hodge-Shaw to be null and void and has condemned the Collectivity of St Martin to pay 1000.00 Euros in damages.The first case was filed on October 16, 2009 by the Collectivity's Communications directress Collette Erivan and the Collectivity of Saint Martin. The court ruled on November 3rd 2009 that the case brought against Hodge-Shaw was also null and void and condemned Erivan to pay the sum of 1,500. 00 Euros including the expenses, so far Erivan has not made any attempts to comply with the ruling of the court.
On October 26th 2009 the Collectivity of Saint Martin filed its second case based on an article SMN News published on October 9 2009 about the use of government vehicles and gasoline privileges. The case was filed before the executive or territorial council took a decision to file a case against Hodge-Shaw or SMN News.
The executive council in its meeting on November 5th 2009 took a decision to take Hodge Shaw to court claiming she is using SMN News (blog) to defame elected officials that are seen using their "voiture" de function outside of their public duties. The Collectivity also charged that Hodge Shaw has been abusing the freedom of expression. The council took a decision on the same day to pay all expenses Erivan endured during her court procedures. At the end of this article the attestation to support the statements made by the President of the Collectivity Frantz Gumbs is published.
In this meeting of November 5th one of the vice presidents who were implicated in the article of October 9th was allowed to vote, creating a conflict of interest. SMN News has since requested the Administrative Courts to annul the decision of the executive council. The case in the administrative court is still pending.
Representing SMN News in these legal battles and to preserve a free press as well as democracy is Maitre Jan Marc Ferly. Maitre Ferly in his arguments to the courts said the summons and its motives are invalid based on jurisdictions. Maitre Ferly pointed out that this is in violation of article 53 and also requested that the court wait on the decision of the administrative courts. Attorney at law Ferly asked the court to condemn the COM to pay Hodge Shaw 15,000 Euros for damages of moral prejudice and to also condemn the COM to a civil fine of 4,000 Euros based on article 700 or the civil procedure.
