PHILIPSBURG--Members of Parliament (MPs) from across party lines on Wednesday voted unanimously in favour of a motion calling for the resignation of Attorney General (AG) Guus Schram over his “insulting, degrading and unacceptable” statements made during the swearing in of judge Sander van Rijen on September 11.

 

The motion tabled by National Alliance (NA) Leader MP William Marlin states that the remarks by Schram that the underworld and legitimate society in St. Maarten were structurally intertwined, accuses everyone in St. Maarten’s legitimate society “of being mixed up with the criminal underworld in St. Maarten” or are supporters of criminal activities in the country.

 

The motion further stated that Parliament could not “stand by idly and silently” when someone in authority who lives abroad and who does not know the local society makes statements that implicate the legitimate society in St. Maarten in accommodating or tolerating criminal activities.

 

“Three independent extensive blue-ribbon reports regarding integrity in St. Maarten were recently published and none of these reports support the irresponsible statements made by Attorney General Schram that the legitimate society of St. Maarten is intertwined with the criminal underworld,” the motion stated.

 

“The legitimate society of St. Maarten consists of God-fearing, respectful law-abiding citizens and the remarks made by Attorney General Guus Schram are insulting, degrading and unacceptable to the people of St. Maarten. [The – Ed.] Legitimate society of St Maarten does not support, collaborate, tolerate nor cooperate with the criminal underworld and the statements made by Attorney General Guus Schram cannot stand.”

 

The motion also states that the Attorney General is the top crime fighter authority in St. Maarten and responsible for combating crime in all its aspects. It also said the Prosecutor’s Office is responsible for and in charge of the investigation and prosecution of criminal offenses. “Over many years numerous suspicious unusual transactions have been reported and submitted by the Bureau of Unusual Transactions MOT to the Prosecutor’s Office for further investigation.

 

“None were pursued by the Prosecutor’s Office that Attorney General, Mr. Guus Schram is responsible for.” The motion further states that it is the non-action by the office of the Attorney General to investigate suspicious crimes that perpetuates rumours of criminal activities in St. Maarten. “That it is not the job or the task of legitimate society to investigate and prosecute possible crimes. It is the job of the Attorney General to do so.

 

“To accuse the legitimate society of St. Maarten as being intertwined with the underworld to hide the failures of the Attorney General to investigate rumours that reflect negatively on the entire society, is despicable and unacceptable and makes it impossible for Mr. Schram to continue to be the top crime fighter authority in St. Maarten.”

 

According to the motion, St Maarten has been clamouring for an Attorney General who lives in St. Maarten, who is part of the community of St. Maarten and who has the best interest of St. Maarten at heart and would therefore lead to a better functioning Prosecutor’s Office in St. Maarten.

The motion resolves that authorities “strongly condemn” and repudiate the remarks made by Schram; call on the competent authorities to invite Schram to resign from his position as AG; to call on the Government of St. Maarten to take the necessary steps to demand that the AG for St. Maarten live and work in the country “as a member of legitimate society” of the country.

 

MPs across party lines condemned Schram’s statements during the parliamentary session, which was attended by all 15 MPs.

 

Justice Minister Dennis Richardson, who was in parliament for the handling of the agenda point, said the AG’s position is not a political one. He said the fact that someone is an AG alone lends credibility to statements made by that individual. It is therefore pivotal to ensure that statements made are based on facts and not on perception. “If you have those facts then you have the instruments to combat that form of crime that is there,” Richardson said.

 

The Prosecutor’s Office does not need permission to investigate crimes as it already has that authority. “There is no need for the AG to go and make those statements. It is not statements that solve problems.”

 

Richardson said Schram did not have facts to support his statements because if he did these would have been presented to Richardson in the meetings that he has had with him. “In my opinion, one can have a perception and can have suspicions, but when it comes to these things, you need to have proof because it’s the only thing that will stand in a court of law.”

 

He said Schram is not registered at the Department of Civil Registry in St. Maarten and does not live here. His statements are based on “perceptions” in the Netherlands. He said too that Schram is appointed by Kingdom Decree as the AG for St. Maarten, Curaçao and the Caribbean Netherlands. He can be dismissed based on a proposal by the Ministries of Justice of the three countries. If St. Maarten alone asks for his resignation it will not happen. This does not mean that St. Maarten has to accept “unqualified statements” on the integrity of St. Maarten by the AG that are not justified by facts.

 

Copies of the motion are to be sent to Governor Eugene Holiday, the Government of St. Maarten, Government of the Netherlands, Kingdom Council of Ministers, Governments of Aruba and Curaçao, First and Second Chambers of the Netherlands and Parliaments of Aruba and Curaçao.

 

The Daily Herald