Duncan not prosecuted for violating oath of secrecy

POSTED: 05/28/13 1:22 PM

Justice Minister Roland Duncan 20120222St. Maarten – Former Justice Minister Roland Duncan will not be prosecuted for violating his oath of secrecy, Chief Prosecutor Hans Mos stated in an email to this newspaper. When the DP and Independent MP Romain Laville withdrew their support for the Wescot-Williams II-cabinet earlier this month, Duncan used a local gossip website to divulge extensive details about a meeting of the Council of Ministers. Deliberations in this council are confidential.

The criminal justice system is an “ultimum remedium” Mos pointed out. In other words: criminal law should only be used in cases where other legal instruments do not work.

The chief prosecutor referred to article 208 of the code of criminal procedures. This article states that, when it is deemed that there are grounds for prosecution, “the prosecutor, taking all circumstances into consideration, examines whether the case can be handled in a different way than through applying criminal law.”

Mos notes that the nature of the statements Minister Duncan made about the meeting of the Council of Ministers “are such that sanctioning, if that were called for, ought to take place outside of the court room. In my opinion the primacy lies with politics itself. I observe that all the commotion has given the minister in any case cause to throw in the towel. Under those circumstances the prosecutor’s office sees no reason to dedicate its scarce and precious capacity to this case.”

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