Trial of the vice-presidents: coverage of their legal costs
The four vice-presidents of the Collectivité are implicated in criminal proceedings relating to allegations of an infringement of candidates’ freedom of access and equality in public procurement. They requested functional immunity, which was granted to them at the territorial council meeting on 10 September.
Alain Richardson, Bernadette Davis, Dominique Démocrite Louisy and Michel Petit are due to appear before the court in Saint-Martin on 7 October. The allegations against them relate to an agreement entered into to settle vehicle hire invoices on behalf of the Collectivité. This agreement is alleged to have been concluded without complying with public procurement rules. The four elected representatives are also suspected of having subsequently attempted to regularise the situation by having a resolution passed by the Territorial Council. As these alleged offences were committed in the course of their duties as elected representatives, the four vice-presidents are entitled to official protection.
The Collectivité is indeed obliged to cover the defence costs of an elected representative facing legal proceedings where the alleged offences are linked to their duties and do not constitute personal misconduct. This provision covers, in particular, the costs associated with their defence, including lawyers’ fees. Each elected representative remains free, however, to choose their own legal counsel. In order to refuse this protection, the Collectivité must consider that the alleged offences constitute personal misconduct, unrelated to the performance of their duties. However, according to the reports presented at the territorial council meeting, there is no evidence at this stage to support such a characterisation.
The four vice-presidents did not take part in the vote concerning them, and after more than eleven hours of debate, most of the elected representatives had left the territorial council chamber. The resolution was passed with nine votes in favour: Bernadette Davis, Dominique Démocrite Louisy and Michel Petit. In the case of Alain Richardson, two elected representatives chose not to take part in the vote, but the resolution was passed with seven votes in favour. It should be noted, however, that this protection does not constitute an admission of the alleged offences. It will be for the court to rule on the offences and the possible criminal liability of each individual.
