PHILIPSBURG—At 12:30pm on Saturday, St. Maarten Governor Ajamu Baly received a letter from Candidate Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI asking the Governor to clarify why he refused to sign the National Decree for the appointment of Peterson as VROMI Minister in the just installed Mercelina-led cabinet.
Peterson is in possession of a positive screening advice, as per the National Security Department VDSM report issued on April 15, 2024, and received a Certificate of Good Conduct VOG from Minister of Justice Anna Richardson on February 7, 2024, confirming that the Prosecutor’s Office has no record of activities that could be held against the Candidate Minister. The VOG was specifically requested as part of the screening process, with the review done under auspices from the Solliceter-General.
“By means of this letter I am addressing you with the request that I, or through the intervention of Prime Minister Luc Mercelina, former formateur, will be informed of the reason, or reasons, that you have refused to establish the National Decree presented to you regarding my appointment as Minister of VROMI,” Peterson stated in his letter to Governor Baly.
It was demonstrated, Peterson stated, “that I have no criminal record and was never punished for a crime,” VDSM concluded it its report that “nothing suspicious” was found concerning Peterson.
On the left the Certificate of Good Conduct issued for Rayhon Peterson, and on the right a letter from National Security Department DVSM stating that the screening of Candidate Minister Peterson has yielded nothing suspicious.
In 2018, Peterson became the victim of a wrong-way driver, resulting in a head-on collision with Peterson’s Hummer, ultimately totaling the car. Upon exiting the wreckage, Peterson witnessed the man responsible for the accident emerging from what remained of his vehicle and walking away. Camera footage reveals Peterson pursuing and physically confronting the assailant, pushing him initially, but then assisting him to stand upright seconds later. No further violence was inflicted upon him thereafter.
Footage from the moment Raeyhon Peterson’s black Hummer was slammed head-on by a speeding wrong-way driver, in 2018.
Following the accident, Peterson promptly contacted his parents, who arrived at the scene shortly thereafter. Several police officers also arrived at the scene. Amidst a growing crowd of onlookers, a chaotic scene unfolded. Peterson observed a police officer aiming a gun at his father. In an attempt to shield his father from harm, Peterson stepped in front of the weapon, resulting in both father and son being arrested. They faced charges of failing to comply with police orders, obstruction of justice, and misconduct toward law enforcement. Subsequently, the Petersons were held in custody at a Philipsburg police station for four days, during which Peterson Sr.'s medical condition and urgent need for medication were disregarded by the authorities.
Peterson was initially sentenced to 60 hours of community service. He appealed the verdict, and it wasn't until June 2022 that a decision was reached on appeal, clearing him of all charges except for the incident involving the push. However, the Court ruled that this action constituted an offense rather than a crime.
“In the judgment in which it was proven that I pushed the person who caused the accident, the Joint Court of Justice came to the decision that given the circumstances of the case and the relativity of the push, no punishment will be imposed on me,” Peterson wrote in his letter to the governor, who received a copy of the verdict as attachment.
This verdict was already presented by Peterson at the start of the screening process. "Despite the fact that you have received my verdict and have been able to read the circumstances in which I pushed the person who caused the accident, you have apparently come to the conclusion solely on the basis of this incident that I should not be regarded as having sufficient integrity to hold the office of Minister,” Peterson concluded in his letter to the Governor. “Apparently you have a personal view of my person and you have decided that I should be punished for facts that have already been dealt with by the Court in their judgment.”
Following the acquittal in June 2021 for misconduct towards members of the St. Maarten Police Force KPSM, the Petersons received formal apologies from the police officer who had drawn and pointed his loaded gun towards a person who posed no threat whatsoever. As a result, this case of police brutality was dismissed by police management.
In the past week there has been speculation that the governor's decision to not appoint Peterson was inspired by the Braam case in Curacao. In 2002, general physician Eduard Braam was convicted of sexual misconduct with a minor patient, but the doctor did not receive punishment. When Braam wanted to become Member of the current Council of Ministers in Curacao, he did not pass the screening.
In his letter to Governor Baly, Peterson referred to this case in Curacao, stating: "Although this is also interesting in general for my case, I would like to note for the record that no law on St Maarten stipulates that a conviction, let alone a conviction without punishment stands in the way of an appointment as a minister.”
Peterson pointed out, that the Braam case is based on legislation in Curaçao, which significantly differs from the legislation in St. Maarten. Currently, it is under review by the Supreme Court in the Netherlands.
“The significance of the final judgment of the Supreme Court, which hinges on the definition of a 'conviction' according to the laws in force in Curacao, cannot currently influence the assessment of my eligibility as a minister,” Peterson concluded. “Any ruling by the Supreme Court regarding whether a conviction without punishment should be considered a conviction within the scope of the Screening Act in Curaçao does not directly apply to my situation in St. Maarten."
Peterson reiterated that St. Maarten has no laws other than the Constitution that determine what a candidate Minister must comply with. What is important in the Braam case, Peterson said, is that the doctor was found ministeriable by the Court in Curacao.
While the political discourse overlooks the crucial distinction between sexual misconduct with a minor, which is of a completely different magnitude than the "promptly" corrected incident of pushing in 2018, for which Peterson previously apologized, the candidate Minister remains perplexed about the reasons behind his non-appointment.
Peterson highlighted a seeming inconsistency in the governor's speech at the swearing-in ceremony of seven ministers on Friday. "You mentioned that you do not create laws but merely sign them," Peterson noted. "However, in the same breath, you referenced customary law that you apply, which appears to contradict your earlier statement about solely signing laws. Customary law, after all, is not codified in written form and therefore cannot be formally signed."
In addition, Peterson asserted, "There are clearly defined criteria in the literature for establishing unwritten rules such as customary law. The lack of transparency surrounding the screening process, which renders the assessment ambiguous, results in a dearth of legal certainty and resembles arbitrariness."
Due to the absence of clear criteria for the application of customary law, the principle of legal certainty, which typically contributes to a fair and consistent screening process for determining a candidate's eligibility, is overlooked. This omission leaves Peterson with numerous questions regarding the governor's decision.
The April 24 press release from the Governor's Office implied Peterson’s ineligibility as Minister. "This has damaged my reputation and raised doubts about the outcome of my screening, thus affecting my integrity," the candidate minister stated. "Due to the failure to justify your decision to me and other stakeholders before the publication of your press release, I believe that several general principles of good administration have been violated in my case, notably including the principles of diligence, justification, and fairness."
Peterson pointed out that, based on Article 21 of the Governor's Regulations, Peterson's unsigned National Decree must be immediately submitted for review to the King as Head of the Government of the Kingdom. “I would like to know from you on what ground(s) stated in the aforementioned article (in this case the Statute, International Regulations, Kingdom Act, AMvRB, interests whose care and safeguard is a matter of the Kingdom), this will happen,” Peterson concluded in his letter to Governor Baly.
