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• donderdag 28 maart 2024

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DH | UPDATE: Court orders suspension of Port Director Mark Mingo

HomeMediaDH | UPDATE: Court orders suspension of Port Director Mark Mingo
Mark Mingo ~No decision on inquiry yet ~

PHILIPSBURG–The Joint Court of Justice on Thursday ordered the immediate suspension of Port St. Maarten Group of Companies (PSGC) Chief Executive Officer (CEO) Mark Mingo. The suspension of the harbour director was one of several requests the Prosecutor’s Office filed with the Court in its petition for an administrative inquiry into alleged wrongdoings within PSGC and thirteen sister companies.

The Court was also to present its decision on the inquiry, but that decision was delayed until December 13 for a second round of discussions on the matter between the Prosecutor’s Office, the Port and Country St. Maarten.

The Prosecutor’s Office had requested that the Court take a number of measures, but only the request to suspend Mingo with immediate effect was granted. As he already had been placed on non-active duty based on the allegations against him, the Port did not object to Mingo’s suspension.

Mingo was placed on non-active duty on the orders of the Port’s Supervisory Board of Directors on August 21, 2017. As a result of his suspension, however, he now also formally loses the authority to represent PSGC.

Mingo was sent on leave after his release from police custody on June 28, 2017, three weeks after he was arrested in connection with the “Emerald” investigation. Mingo (47) is suspected of defrauding the Port of a total amount of US $11 million in conjunction with Checkmate Security Director O’Neal Arrindell.

The Prosecutor’s Office called for Mingo’s immediate suspension based on the Civil Code, which gives the Prosecutor in every phase of legal proceedings the authority to request interim provisions for reasons of public interest and urgent grounds.

The Joint Court is authorised to make such provisions, providing these are temporary by nature, and after a fair assessment has been made of the interests of the parties involved and the necessity of such provision has been sufficiently proven.

Being the statutory director of the holding company and its sister companies, Mingo has played a leading role in the alleged mismanagement and misadministration within PSGC, according to the Prosecutor’s Office. He is also suspected of defrauding the harbour group out of large amounts of money.

“An investigation into the state of affairs within the company, while he – in a formal sense – still is chairman of the board, is therefore undesirable. In addition, for as long as he is a suspect, Mingo is at the very least damaging the Group’s reputation and, therefore, also Country St. Maarten,” the Solicitor General stated in his petition to the Court.

The prosecution had also requested that the Court order an administrative inquiry into the harbour operations and make other arrangements, but the Court has not yet decided on all these requests.
The Prosecutor’s Office called for permission to investigate the tendering, financing and contracting of (infrastructural) Harbour projects; the process of attracting loan capital; the entering into large and risky financial obligations; project development and the issuing of land; and corporate governance from January 1, 2009.

Besides Mingo’s suspension and the appointment of a new CEO, the Prosecutor also requested that the Court take several other provisions for the duration of the legal dispute, which were to include the suspension of board members and the appointment of new ones; the appointment of a legal and compliance officer and an ombudsman or confidentiality officer; and the drafting of a non-retaliation policy.

The Joint Court took into consideration that, based on several measures already taken by the Port, the Prosecutor had, in the meantime, withdrawn several of the requested injunctive measures.
For example, the demand to suspend the entire Supervisory Board and appoint a new Board and an interim CEO already had been dropped by the Prosecutor before the May 24 hearing in this case.
The Court decided that the Prosecutor’s Office’s requests for an inquiry and injunctive measures, such as the appointment by the Port of a compliance officer and confidentiality counsellor, will be reviewed during the next court hearing.

This would give the Port the chance “to continue to take and complete measures to improve policies and the course of affairs at the companies and to take measures to undo or limit as far as possible the consequences of incorrect policies,” the Court stated in its decision.

In the meantime, the Court invites the Port and the Prosecutor’s Office to discuss whether the objections raised by the Port against a civil inquiry – concerning the cost and time involved – may be alleviated. Furthermore, parties could further discuss the scope and timing of a possible inquiry.

Port management had earlier stated it has the intention to launch its own investigation – a zero measurement or “nulmeting” – and is prepared to provide additional information to the Prosecutor’s Office, especially where the causeway bridge project is concerned.

Port management said in a reaction it was “pleased with the ruling of the Court which, for the moment, allows the Port to focus most of its energy on the rebuilding efforts, which are of great importance for all St. Maarten. The Port will, however, also continue on the path towards improved compliance and good governance.

“Furthermore, the Port hopes to engage in fruitful discussions with the Prosecutor on the scope and timing of any further investigations the parties consider necessary to alleviate the Prosecutor’s concerns.”

Bron: Daily Herald

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