Trial of elected representatives: prosecution and defence clash
There were no surprises in court on Wednesday. The President of the Collectivité and the four Vice-Presidents were absent from the hearing. Only Mr Dominique Nicolas, Louis Mussington’s solicitor, and his partner Angelina Nicolas, acting on behalf of her four colleagues, were present to request that the case be adjourned.
The lawyers had in fact decided to request an adjournment in this case. The reasons given were: a copy of the court documents had been provided late, preventing them from preparing their defence properly; and, in the case of two lawyers, they were due to be out of the country at the time of the hearing.
As a reminder, the elected representatives are accused of having deliberately chosen four car hire companies without going through competitive tendering procedures (favouritism). The cars are alleged to have been used outside any legal framework (contract not renewed), from 2022 to April 2026 (misappropriation of public funds). The cost, charged to the Collectivité’s budget, amounts to nearly €260,000: €99,858 for Louis Mussington, €63,459.67 for Alain Richardson and €32,082.33 for each of the three other elected representatives.
A motion to adjourn the proceedings that has caused tension
The court had previously received a joint request for adjournment. The four vice-presidents had instructed their legal representatives to appear on their behalf, an absence which the presiding judge did not take kindly to. On behalf of Louis Mussington, Maître Nicolas this time produced the medical certificate he had been unable to present on Monday, dated 2 October and valid for ten days. Above all, he emphasised the need for sufficient time to prepare the defence.
The deputy public prosecutor, acting on behalf of the Crown Prosecution Service, maintained her position, requesting that the adjournment be dismissed. Commenting ironically on ‘sudden epidemics’, she argued that the case could be defended and that the courts were not responsible for the co-defendants’ inaction. She pointed out that the medical certificate covered the festivities on 3 and 4 October, in which Louis Mussington had taken part. Recalling that an adjournment was not a matter of right and raising the possibility of a warrant to bring the defendants before the court, she also considered that the least they could have done would have been for the four VP defendants to deign to appear.
These remarks provoked a strong reaction from Maître Nicolas. Pointing out that some of his colleagues had intervened late following changes of counsel, he denounced ‘the aggressiveness of the prosecution’, stating that he had never seen such behaviour in a courtroom. The judge pointed out that the proceedings were to take place in the courtroom and not at a press conference. The exchange turned into a confrontation. The presiding judge brought it to an end by adjourning the hearing for deliberation.
The court ultimately granted the lawyers’ request and ordered the case to be adjourned until 13 January 2027. On the issue of the elected representatives’ attendance, it reiterated that each defendant had the right to be represented by their lawyer, whilst expressing the wish that the five individuals concerned be present in person.
The sword of Damocles: ineligibility
On Tuesday, Maître Nicolas did indeed speak to the press about the two cases involving his client. Citing relevant legislation, he set out his defence arguments. But beyond the legal aspects, he believes that the political future of the elected representatives is at stake. Recalling that the proceedings stem from a complaint lodged in 2023 by members of Team Gibbs, he believes that their sole aim is to discredit the elected representatives and undermine them ahead of the elections, criticising the opposition for ‘not being politically astute enough’.
The lawyer also pointed out that prosecutors, unlike judges, are not independent. “There is a criminal justice policy in Saint Martin that has little to do with the law,” he stated, describing the magistrate’s behaviour on Monday as shocking, particularly her mention of a warrant for arrest. In his view, the office of the President has not been respected “and this may not be the end of the matter”.
His main concern remains a conviction leading to ineligibility with provisional enforcement, “the ultimate weapon” which, in his view, would allow magistrates to decide the political future of elected representatives. He remains optimistic, however, assuring that Louis Mussington will be present, that there will be no upheaval, and that the disqualification is unlikely to be upheld.
In any event, everything will be decided in two stages for President Mussington: on 11 and 12 January, regarding recruitment at the Collectivité, and then from 13 to 15 January 2027 regarding car hire.
