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MP Lewis: Chief of Police appointment as Acting Secretary General should be deemed as a major conflict of Interest

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MP Lyndon Lewis

 

Philipsburg, Sint Maarten — NOW, Member of Parliament (MP) and Vice Chair of the Justice Committee in Parliament, Lyndon Lewis has recently sent a letter, which contains 50 questions via the Chair of Parliament to the Minister of Justice, Nathalie Tackling, expressing serious concerns regarding the recent appointment of Chief of Police, Mr. Carl John, next to his regular task as Chief of Police to serve also as Acting Secretary General within the Ministry of Justice, as well as several unresolved matters that continue to negatively impact justice workers.

MP Lewis stated that the appointment as Acting Secretary General of Justice raises serious integral concerns relating to good governance, efficiency, transparency, accountability, and the proper separation of responsibilities within the justice chain. The Chief of Police already carries the responsibility of leading one of the country’s largest and most critical departments. Appointing the same individual to simultaneously serve as Acting Secretary General within the Ministry of Justice should be deemed a major conflict of interest, particularly where decisions may involve personnel matters, departmental oversight, objectivity and operational policies.

“As Vice Chair of the Justice Committee, I have been approached by numerous justice workers who feel personally targeted, unfairly treated, and victimized by decisions allegedly being made by the Chief of Police. To now have him appointed as Acting Secretary General, they see no objectivity and fairness and hope moving forward in their career under the umbrella of Justice,” MP Lewis stated.

MP Lewis posed the following questions to the Minister of Justice, Nathalie Tackling:

  1. What was the rationale behind appointing the Chief of Police, Mr. Carl M. John, as acting Secretary General Justice (SG)?
  2. What legal authority or statutory basis was relied upon to make this appointment?
  3. Were other qualified candidates considered for the position, and what selection process was followed?
  4. What led the Minister of Justice to choose the chief of police, Mr. Carl John as acting SG, while the staff continues to leave the Police Force of Sint Maarten (KPSM)?
  5. Minister, please provide an inventory on all vehicles under KPSM with purchase date, being in use and not in use, the condition thereof, and maintenance schedule, respectively vehicles used by Management, patrol units, detectives, intelligence, arrest team, observation team and administration department.
  6. How does the Ministry intend to address concerns regarding potential conflicts of interest, particularly in matters involving personnel and organizational decisions of KPSM?
  7. What complaints are you aware of by justice personnel alleging unfair treatment or victimization under decisions made by the Chief of Police?
  8. How are we to safeguard the interest of the justice personnel while having the same person serving as acting SG?
  9. When the Chief of Police is serving as acting SG, who runs KPSM? Who is the acting Chief of Police?
  10. I understood that the SG, Ms. Florence Marlin is no longer on sick leave and that the Chief of Police is still functioning in her capacity. How is this possible?
  11. The Ministry of Justice consists of a Staff Bureau that resorts directly under the SG. How many qualified persons are there within the Staff Bureau that could have taken up the role as acting SG?
  12. It is public knowledge that the chief of police has sought other opportunities locally and abroad. How does his current position as acting SG affect the other departments within the Ministry of Justice such as, Immigration, Customs and House of Detention?
  13. Minister, I see that the chief of police signs with the abbreviation MBA behind his name. What is the definition of that abbreviation mentioned behind Mr. Carl John’s name in his writings?
  14. I would like for the Minister of Justice to provide a breakdown of all work related trips that the Chief of Police has taken over the past three years, reasons thereof and the implicated costs?
  15. What complaint mechanisms are currently in place to protect officers and other justice workers from retaliation when reporting misconduct or unfair treatment by the chief of police or the members of the management team of KPSM?
  16. I am requesting for the Minister of Justice to commit to an independent review of this appointment (Chief of Police as Acting SG) in the interest of transparency and public confidence.
  17. What is the security screening procedure for justice workers within the Ministry of Justice?
  18. What is the role of the Chief of Police, Mr. Carl John, in relation to the security screenings for the personnel of KPSM conducted by the National Security Service of Sint Maarten?
  19. What is the mandate given to the Chief of Police, Mr. Carl John, in relation to the security screenings of KPSM personnel conducted by the National Security Service of Sint Maarten?
  20. Based on the function book of KPSM. What is the overall employment capacity of KPSM?
  21. How many police officers have left or resigned from KPSM since the police chief’s appointment in 2015?
  22. The Minister of Justice mentioned on many occasions that she is a lawyer, therefore as a lawyer, the Minister of Justice ought to know that an irrevocable court decision should be executed. What are the number of irrevocable court decisions that are awaiting execution?
  23. What is the reason for noncompliance to the highest decisions (Judges decisions) in this country?
  24. It is understood or alleged that the Minister compensated the acting Head of the National Detective (LR), Ms. Lucy Gachette, after she lost her case against the former Minister of Justice in 2024, in a civil court. What led to this illegal reimbursement of their legal fees?
  25. How can other justice workers request compensation or reimbursement after they lost their court cases against the Minister of Justice in the future?
  26. What is the update on the justice policy relating to sexual harassment at the work place?
  27. Please provide an update to the cases related to sexual harassment within KPSM.
  28. It is understood that one detective resigned and another was put on inactive leave within two days noticed. Both of which filed or made it known of the sexual harassment and sexual assault they have endured at the work place. What can the Minister elaborate on these respective matters?
  29. What is the outcome of the meeting held between the Minister and several victims in relation to sexual harassment within KPSM?
  30. What is the update on Phase #1 batches for all active justice workers, respectively Police, Customs, Coast Guard, Court of Guardianship, Immigration, The Prison and House of Detention, Financial Intelligence Unit and the National Detectives?
  31. What is the update on Phase #2 for the issuance of the batches, including the anticipated timeline for completion and distribution?
  32. What were the delays in implementing Phase #2?
  33. What were the reasons for those delays?
  34. What is the update on the issuance of the National decrees for justice pensioners?

Minister, there are crucial managerial positions where stability is needed and these positions are currently filled with individuals in an acting capacity.

  1. Why isn’t an official department head of the National Detectives appointed as yet?
  2. Why isn’t an official department head of the Prison and House of Detention appointed yet?
  3. Why hasn’t an official department head of the Immigration Department appointed yet?
  4. Why isn’t an official department section head of the Immigration Admittance Department appointed yet?
  5. Why isn’t an official department section head of Division Head Basic Police Care appointed as yet?
  6. Who evaluates the performance of these department heads under the Justice Ministry?

Minister, there is a management team in place at the Customs Department for nearly two (2) now.

  1. When will section heads of Customs receive their acting allowance or officially placed?
  2. What is the latest update on the shipment containing the Customs Officers uniform.

Minister, the NAGICO Insurance coverage for justice workers are of crucial importance.

  1. Please give a detailed update on the validity of this insurance coverage for the justice workers.
  2. When will the justice workers be reimbursed for the funds paid to this NAGICO insurance policy which had already lapsed?
  3. What discussions are being held with NAGICO Insurance to reinstate this insurance policy for all frontline justice workers?
  4. How many investigations are currently being carried from reports by the Financial Intelligence Unit?
  5. I am aware that complaints are being made against the acting section head of the Admittance Department within the Immigration Department. What is the outcome of those complaints?
  6. What is the procedure for handling these reports/complaints?
  7. Who investigates complaints or internal affairs within the Immigration Department?
  8. It is understood that the prison guards from Suriname are receiving a higher salary than the local prison guards. From whose budget are these Suriname prison guards receiving their salary?

“The people of Sint Maarten, and particularly the men and women serving within the justice sector, deserve a justice system built on transparency, objectivity, fairness, competent leadership and most of all institutional integrity. These matters cannot continue to be ignored,” MP Lewis emphasized.

MP Lewis is therefore calling on the Minister of Justice to exercise due diligence, provide clear responses, and ensure that all appointments and decisions within the Ministry are made in the best interest of the country and in accordance with good governance principles.

He further stressed the importance of restoring confidence, safeguarding institutional integrity, and ensuring that justice workers receive the respect and support they deserve.