Sunday, May 22

Start of the trial today of D. Gibbs, A. Petrus and V. Damaseau – Faxinfo

Today and tomorrow is the trial of Daniel Gibbs, Annick Petrus and Valérie Damaseau (except special event). The case had been enlisted for the first time on December 19, 2019 but was returned four times due to the health crisis and the impossibility of metropolitan lawyers to come to Saint-Martin.

They are all three accused of undermining the freedom of access or equality of candidates in public contracts globally between 2017 and 2019 (over different periods) in other words of the offense of favouritism; Daniel Gibbs is also being prosecuted for the removal, misappropriation or destruction of property from a public deposit by the custodian or one of his subordinates between 2017 and 2018.

The offense of favoritism is punishable by two years’ imprisonment and a fine of €200,000. As for the offense of subtraction, misappropriation of property from a public deposit, it is punishable by ten years’ imprisonment and a fine of one million euros. The Penal Code specifies that when the misappropriation or embezzlement results from the negligence of a person holding public authority or charged with a public service mission, a public accountant or a public depositary, that person is punishable by one year’s imprisonment and a fine of 15,000 euros.

In addition, the penal code imposes that the additional penalty of ineligibility is mandatory against all persons found guilty of an offense of favoritism. So that the deprivation of civic rights is not pronounced, the court must specify it in its judgment, if such is not the case, the person found guilty is immediately rendered ineligible for a period defined by the judges.

The court will be composed of three magistrates from the court of Guadeloupe who will make the trip. Due to the health context and the (small) size of the courtroom, the number of people authorized to be present (including lawyers) will be limited to less than 10. (

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