Basse-Terre:--- The Collectivity of St Martin and its communications directress Collette Erivan has been condemned for the second time by the appeals court in Basse Terre on October 4th 2010. The COM and Erivan filed two lawsuits against SMN News for articles that were published on this website.The first court case was initiated by Collette Erivan after her photograph was published on SMN News. Erivan asked the court to award her damages of Euros 25,000 claiming defamation for the use of her photograph without authorization.
On November 3 the court of grand instance condemned Erivan to pay SMN News reporter Bibi Hodge Shaw the sum of Euros 1,500 as well as the expenses endured during the process. On November 17th Erivan and the Collectivity of St Martin filed an appeal against the decision. However, the two parties did not follow up on their appeal case forcing SMN News to ask the appeal court to throw the case out based on the statute of limitation. SMN News reporter also asked the appeal court to award her the sum of Euros 6,000 as well as the expenses endured for these procedures.
However, on October 4th the three panel judges consisting of Monsieur's Dominque Francke, Jean De Romans and Jacques Fouasse in their ruling confirmed the first ruling of November 3rd while they imposed a sanction of Euros 2,500 against the Collectivity of St. Martin and Collette Erivan for the appeal case they initiated.
The appeal judges also ruled that both the COM and Erivan must pay all the expenses Bibi Hodge Shaw/ SMN News endured during these procedures. Giving their grounds to the decision the judges said that no new elements were submitted and the court of appeals approved the first judge's ruling. The appeal court also believes that the grand instance ruling was accurate in stating that the President of the Territorial Council, the legal representative of the Overseas Collectivity, must be authorized through a motion of the Council to act in a court case; now, no motion was produced; the writ served on his behalf is null and void.
The court further rules that under the terms of article 53 of the law dated July 29, 1881, it appears that the writ does not refer to the accusation charge and the judicial district indicated is POINTE-A-PITRE and not BASSE-TERRE; the writ is therefore null and void in matter of the invalidity of the main issue and of public order.
Based on article 700 of the civil code procedure the court further rules it would be unfair to leave at the charge of the defendant the irrecoverable costs which she had to incur in these proceedings for the defense of her rights. Therefore the court confirms the order of the first ruling and adding to it, condemns jointly Mrs. Collette Erivan and the Overseas Territory of the Collectivity of St Martin to pay Mrs. Bibi Hodge Shaw the sum of 2,500 Euros under article 700 of the code of civil procedure. In addition to the entire costs with severance for the benefit of Me Jan-Marc FERLY, a lawyer to with ex-officio lien for costs, in application of the provisions of article 699 of the Code of civil procedure.
The following is the decison issued by the court of appeals in Basse Terre.
