The Territorial Council of Saint-Martin met on Thursday 25 June 2015 to discuss several items on the agenda, including item 9 to authorize the President of the Territorial Council, Mrs. Aline Hanson, to On behalf of the Saint Martin Community, in the case between the Public Prosecutor and the Semsamar joint-stock company in Saint-Martin.
In a press release issued the day after the head of Semsamar, the former director of Semsamar and Semsamar as a legal entity, the chairman Aline Hanson declared that "shareholders are I shall be called upon to communicate again on the position of the Collectivity in this case ".
This was done at the territorial council of 25 June 2015. The President made a deliberation (No. 9 on the agenda) requesting the territorial council to authorize her to file a civil claim on behalf of the Saint Martin Community in the proceedings Criminal proceedings against SEMSAMAR (article1) and to designate the councils to represent and defend the interests of the Saint Martin Community in support of its civil party complaint until the end of The procedure before the competent Criminal Court and, if necessary, the remedies against such decisions (Article 2).
A resolution approved with 9 votes (for unanimity of majority councilors who voted), 5 abstentions (opposition UD and independent councilor Jules Charville), the five territorial advisers on the board of Semsamar not having Not taken part in the vote.
As a preamble to the presentation of deliberation 9, President Hanson had an opportunity to comment on the merits of this case, insisting that she wanted this deliberation "as a precaution, in order to Give the Collectivity the opportunity to become a civil party and to be able to do so at any time in order to have access to the file if it considers it useful in the light of the charges against SEMSAMAR. "
"This is what we are talking about, and nothing else," said the president. "The goal of this approach, which aims to protect the interests of the community, is not to place any mistrust on SEMSAMAR, But rather to enable the Collective to be directly and truly informed of the factors which have justified the investigation of it. It is also a matter for the Collective to assert its will that all transparency be made at the end of the current investigation. All of us here, together, have a duty to take all necessary measures to ensure transparency and safeguarding the public interest in all circumstances. "
Semsamar director Marie-Paule Bélénus Romana and former director Jean-Paul Fisher are subject to a criminal investigation under three offenses retained by the public prosecutor's office: Illegal detention (Art 432-12), embezzlement of public or private funds (art 432-15) and favoritism (art 432-15). The Semsamar legal person is also prosecuted for two offenses: embezzlement of public or private funds and favoritism.
By the vote of this deliberation, President Hanson wished that the community of Saint-Martin could at any time exercise its right to the constitution of civil party, in order to obtain compensation for two prejudices, the financial loss resulting from the infringement If it is proved (material damage) and the discredit that this offense (if proved) throws on the community (moral prejudice).