Minister of Justice referred Prosecution to Minister of TEATT to suspend Business License
PHILIPSBURG:--- The attorney representing the female workers(exotic dancers) of Casa Blanca night club managed to get the judge to stop government from deporting some of the girls who were already taken to the airport after their working documents were revoked. Of the 14 girls that were removed from the night club eight of the girls were taken to the airport for deportation while the others were kept at Safe Heaven in order for them to testify for the prosecution.
On that same date their lawyer filed an administrative procedure at the court to stop their deportation. At the same time he filed an injunction requesting the judge to suspend the deportation until their case was heard.
The judge issued a verbal order to the Immigration department requesting them to put the deportation on hold until the girls’ case was heard. On November 20th the injunction was heard.
The Minister of Justice had ordered the girls detained pending their deportation. At the time of the trial, the judge found that the deportation orders had not reached the girls in question. The Minister had also revoked their residence permits. He claimed that since Casa Blanca was the target of a criminal investigation and the work permits of the girls had been revoked. This claim turned out not be true during the hearing. He justified locking up the girls in Point Blanche on the fact that their residence permits had been revoked and that the constituted a threat to public order and safety and that they were held in detention to ensure that they would be available for deportation. Up until that time the girls had been lodged at Travel Inn.
During the hearing the Judge held a closed door hearing with the girls during which they all stated that they wanted to remain on St. Maarten and carry out the work they were contracted to perform.
During the hearing the judge overturned the Ministers decision to detain the girls and deport based on multiple violations of procedures and rules of good governance. For example, the rule that they be heard before being expelled was not followed. Furthermore, the practice that one has six weeks to put one’s affairs in order before deportation was not followed.
Perhaps the biggest problem with the case was the finding of the judge that the girls had legal residence permits and work permits and that they had been unlawfully robbed of their freedom, because they were detained, without a prior legal order, while they were in possession of valid residence permits. Their work permits had not been revoked either. That alone was sufficient grounds the judge ruled to squash their detention and deportation.
The Minister’s lawyer argued that because Casa Blanca was closed, it was not possible for the girls to work, but this argument was rejected because as the girl’s lawyer argued, Casa Blanca still had a valid permit to operate and others can carry on the business during the detention of the owners.
In addition, it was pointed out during the hearing that another group of girls who had agreed to testify against the owners of Casa Blanca were being housed in a safe house, and were not being deported. The judge found this unequal treatment of one group of girls with respect to the other unacceptable.
The judge came to the conclusion that the violation of procedural rules and poorly substantiated reasons for the detention and deportation of the girls, made it impossible for the Minister’s decision to stand. The judge suspended their detention and ordered the Minister not to deport the girls until their main case is heard.
In the meantime, the same Minister of Justice refused to suspend Casa Blanca business license as was requested by Chief Prosecutor. Press Prosecutor Karola Van Nie told SMN News that the Minister of Justice referred the Prosecution to the Minister of TEATT who handles business licenses. Since the decision of the court the exotic dancers are back that the club performing their duties while the owners remained behind bars.
Click here to read the decison of the court.
