SMN News wins second court case

May 04, 2010 7:17 AM

MARIGOT--The Guadeloupe court has dismissed the second case brought against Website SMN News by the Collectivité of St. Martin on October 26, 2009, pronouncing the case "invalid" in a judgement handed down April 27.

The case related to an article on the news site published October 9, 2009, by its reporter Bibi Hodge-Shaw about misuse of Government vehicles and gasoline privileges. It was insinuated that the wives of elected officials used the cars for private use. The Collectivité accused SMN News of abusing freedom of expression.

The Collectivité must pay 1,000 euros in damages. However, Hodge-Shaw's claim for damages to the tune of 15,000 euros for damage to her reputation and profession was dismissed.

It was the second time in recent months that the court had ruled in favour of SMN News and Hodge-Shaw, the first being the case brought against SMN News by Head of the Collectivité's Communications Department Colette Erivan on October 16, 2009, claiming defamation. This also was thrown out and Erivan was ordered to pay 1,500 euros plus the court expenses.

Reacting to the verdict, Hodge-Shaw said the verdicts in both cases should give reporters, particularly French-side reporters, the courage to carry out their work the way it ought to be done.

"Reporters are the watchdogs of every community," she said. "Based on the intimidation of the Collectivité and elected officials, reporters are reduced to working as government information service workers instead of providing the community with valuable and needed information. ...

"With this verdict reporters will have the courage to stand up for what they believe in. Yes, our job is risky, but there is always a court that will grant justice. I expect the verdicts will give reporters enough strength to investigate and give the community fair and clear-cut information."

She said the court cases were never about money, but about principles, freedom of the press, and democracy.

"It's about integrity, and integrity and role of the media. Elected officials must know they are not elected by the people to abuse public funds or power of office."

Asked if she had been intimidated by the Collectivité through being taken to court twice, she said: "No! Absolutely not! They have attempted to silence me without success. Elected officials prior to these cases have even approached me to write in their favour by not revealing information the public has a right to know. There are many stories I have broken and information is still coming in. The people have not given up on me."

And, stressing that elected officials needed to respect the people of St. Martin and taxpayers' money, Hodge-Shaw added: "There are so many things that need to be done in the community, and the Collectivité says it has a budget deficit and no money for this and that. This is not the time to be wasting money on expensive court cases against the media."

(Source: The Daily Herald Sint Maarten)

4 May, 2010