Philipsburg:--- The Minister of Tourism Franklin Meyers has informed the attorneys representing Head of the Tourism Bureau Regina Labega and her assistant Edward Dest that he has decided to lift the suspension for the two civil servants and they shall return to work on Friday morning at 8.am.Attorney at law Jairo Bloem told reporters that he received the information from government hours before the injunction case was to be called on Thursday. Bloem said the prosecutor's office also confirmed that government had filed a criminal complaint against Labega and Dest on November 25th with the prosecutor's office but no criminal investigation has been launched.
The attorney at law said the prosecutor's office also informed him that his clients are not suspects at this time and as such they are not entitled to information sharing. Bloem said the Minister also expressed willingness to compensate his client the sum of Naf.1, 500 each for the injunction procedures they initiated against government in the administrative courts. Bloem further explained that he is busy preparing another letter to send to government requesting more information that led to the episode of his clients being suspended forthwith on November 5th.Should government fail to provide clarity by next Wednesday then the two civil servants would see what other route they would take so that they can be taken out of the dark where the investigation and criminal complaint are concerned.
Giving some feeding back on how the episode started Bloem said on November 5th 2010 his clients were suspended with immediate effect and that they were asked to remove their belongings with them. Bloem said on that day government did not provide his clients with any explanation, no facts neither circumstance was provided to them that led to their suspension. He said a broad allegation was made saying that the suspension concerned a civil violation of their duties. He said on November 9th his clients sent government a letter requesting detailed clarification. On November 16 the Minister responded by saying he needed more time to gather the information while he sent the letter to the relevant department for advice. Bloem said his clients agreed to give the Minister the extra time he requested so that he could provide the justification or an explanation as to what was taking place. Bloem said from the very inception his clients said that they felt that government had made a big mistake and that with time clarification was going to be provided to rectify the situation. Bloem said because of this his clients gave the Minister an additional five business days to come up with the justification but the Minister never responded to their letter. Bloem said the following day his clients filed an injunction in the administrative courts so they could be reinstated back to work if the justice system could not find any reason to not reinstate them.
Bloem further explained that up until Wednesday at 2pm he did not receive any information neither documentation was provided to for the court case scheduled for the following day. Bloem said very late on Wednesday he received an email from government attorney with an attached letter confirming that a criminal complaint was filed on November 25th. He said it appeared as if government was trying to use that letter in the injunction case slated for Thursday. Bloem said he then made contact with the prosecutor's office to clarify when the complaint was filed and they also asked that the prosecutor share information with him if his clients were considered as suspects. Bloem said he informed the prosecutor that his letter was very vague and that if used in the court procedures then it could have brought on a negative effect for his clients. Furthermore, he believes that it is prudent that they bring clarity on the two questions he posed since in his opinion answering his questions will not bring about harm for a possible criminal investigation. Later Bloem said he received an email notifying him that the suspension has been lifted and that his clients should report back to work on Friday morning. He said the Minister also informed him that the penal investigation will continue and the Minister reserves the right to take any other action if necessary in the future. Bloem said that shortly after that he also received an email from the prosecutor's office informing him that there is no criminal investigation taking place and that the only procedure ongoing was the civil one. Bloem said that government's lawyer even asked if his clients were willing to withdraw the court procedure slated for Thursday. He said since the Minister expressed willingness to compensate his clients if they withdrew the court injunction.
Bloem said he is amazed at the way how the Minister handled this matter by suspending the civil servants then after three weeks to file a complaint with the prosecutor's office, then a week later lift the suspension. He said his clients are still in the dark on the facts and circumstances that led to where they are today. However, they are willing to go back to work for the people of St. Maarten. Bloem said both clients' wants to know what led to this especially if they were doing things wrong unknowingly. Furthermore, both Bloem and his clients are wondering why the SOAB was not called in to investigate the accounts prior to the type of actions that were taken.
Responding briefly to questions both Labega and Dest said they are eager to get back to work and they both admitted that it is not a good feeling to know that criminal proceeding are also hanging over their heads.
