Justice Minister Nathalie Tackling.
PHILIPSBURG-- The Ministry of Justice stated that the departure from St. Maarten of an individual connected to a fatal traffic incident, was based on the person’s immigration status and the application of immigration law, not on the status of the criminal case, which remains the responsibility of the Prosecutor’s Office.
The fatal crash occurred on June 11 on AJC Brouwer Road and claimed the life of Ryan Gumbs.
In a statement issued on Wednesday, the ministry said it is aware of the public concern surrounding the individual’s departure and acknowledged the loss experienced by the victim’s family and the wider community.
“The Ministry of Justice is aware of the public concern surrounding the departure from St. Maarten of an individual connected to a fatal traffic incident and recognises the profound loss and grief experienced by the family affected and the wider community.”
The ministry said questions had arisen regarding how the matter was handled and the decisions that followed, but stressed that different authorities within St. Maarten's justice system have separate responsibilities under the law.
According to the ministry, the separation of authorities exists to protect the integrity of investigations, safeguard the rights of all parties involved, including victims, and ensure decisions are made independently and in accordance with the law.
The ministry explained that the investigation and prosecution of criminal offences, including decisions regarding arrest, pre-trial detention and whether to bring or continue a prosecution, fall under the responsibility of the Prosecutor’s Office and, in matters of detention, the examining judge.
“The Minister of Justice neither directs nor receives the file of an active investigation.”
The ministry said the minister’s involvement in the matter was limited to the immigration file and the application of St. Maarten’s immigration laws. It stated that the individual’s immigration file was assessed independently and on its own merits under the country’s admittance, residence and expulsion framework. According to the ministry, the criminal investigation file was not part of that assessment and could not legally be considered.
“When a person who does not hold lawful residence is released from custody by the competent authorities, immigration law applies in the ordinary course, and removal follows where the legal criteria are met.”
The ministry said the actions taken in the case were based on the individual’s immigration status and the minister’s legal responsibility to enforce immigration laws. It also rejected suggestions that the removal was connected to prison overcrowding or detention limitations.
“The removal was not a consequence of prison capacity or detention limitations. Any suggestion to that effect is incorrect.” Addressing concerns about the status of the criminal matter, the ministry stressed that departure from St. Maarten does not bring a criminal case to an end. “Under our criminal procedure, a defendant who does not appear can be summoned and tried in absentia, and the court may render judgment.”
The ministry said a summons with a court date had been issued and noted that the continuation of the criminal case, including any decision to prosecute, remains the responsibility of the Prosecutor’s Office.
It added that questions regarding the status of the investigation, evidence, detention decisions or the conduct of any prosecution should be directed to the Prosecutor’s Office, which has issued its own statement on the matter.
Given the ongoing nature of the case and the ministry’s limited role, it said it would not comment further. The ministry acknowledged that legal outcomes can be difficult, particularly in cases involving loss of life, but emphasised the importance of each authority acting within its legal mandate.
“However, ensuring that each authority acts strictly within its legal mandate is how we ensure that justice is carried out fairly and according to law.” The ministry extended its condolences to the family and loved ones affected by the tragedy and said it remains committed to carrying out its responsibilities in accordance with the law and in the interest of justice for all.
