~ Marina management condemns action ~
OYSTER POND--No fewer than two days after discussions on cooperation took place between the Governments of the two sides of the island during Minister of Overseas Departments Marie-Luce Penchard's official visit, French side authorities have again intervened on what Captain Oliver's Marina has always claimed is Dutch side territory, fuelling fears of an escalation in the border dispute.
Préfet Délégué Jacques Simonnet on Monday ordered Gendarmes to inspect an Anguilla ferry docked at Captain Oliver's Marina after some passengers were injured during a rough crossing from St. Barths.
The ferry was temporarily replacing the regular Voyager ferry.
Against the backdrop of the sensitive Oyster Pond border question being raised during the Minister's visit and statements made to the effect French authorities will "hold off" until a solution is found, Captain Oliver's Restaurant Manager Philippe Milovidoff said he was "amazed" at the Préfet's action in light of the fact he was present at the respective Dutch-French side meetings with the Minister on Saturday.
Milovidoff immediately alerted his lawyer Jelmer Snow who subsequently notified Lt. Governor Franklyn Richards about Monday's incident.
"I had to ask the Gendarmes to at least move the ferry off the fuel dock," said Milovidoff. "It seems politicians have these agreements but when they get back to their offices they do whatever they want. The Préfet can't decide to intervene just like that. What if the Dutch side police came to our hotel to arrest someone? It's the same thing. Why didn't the Préfet notify the Dutch side police first, why wasn't the Coast Guard contacted? They talk about joint cooperation but there is no cooperation. It's just nice speeches, empty promises, and lots of money spent on air fares."
He said Captain Oliver's Marina was committed to reacting vigorously against any attempt by the French "to get a foot in the door." He said he felt Senator Louis-Constant Fleming as a St. Martiner understood the situation and appeared concerned and supportive. He hoped the Senator could use his influence to resolve the matter.
Asked about the incident, the Préfecture's Chef de Cabinet Christophe Coelho confirmed injuries were reported on board the ferry and the captain was questioned by Gendarmes. He stressed, however, that the ferry was not impounded.
"We have no details of the injuries yet until Gendarmes file their report," said Coelho. "Apparently there is a possibility that one passenger may press charges against the captain."
The ferry captain declined to discuss the inspection by Gendarmes, except to say some maintenance was being carried out on the vessel to replace rivets lost in the crossing.
Asked if he agreed the Préfet's action lacked diplomacy, Coelho side-stepped before saying: "We don't precisely know where the border goes but as far as (Préfecture) and the French Government are concerned the border goes right across the waters of Oyster Pond, separating it in half. To us, it's our territory. But according to the Dutch, they claim the whole pond is on the Dutch side. We don't agree with that. Captain Oliver's is based on the ground and not on the water. According to French civil law if you build something on the water that is attached to the ground, you are still attached to the ground."
Gendarmerie Commandant Stéphane Brunet was in St. Barths accompanying the Minister and could not be contacted to comment.
