GN Entertainment: ‘Battle
for casino licence not over’
PHILIPSBURG--“The battle over a licence for a casino at Caravanserai Resort is far from over,” GN Entertainment NV stated in a letter to The Daily Herald in reaction to a recent court ruling that rejected the company’s appeal for a licence to operate a casino in Beacon Hill.
The principals of GN Entertainment said several more appeal procedures were in progress. The entertainment company plans to press more legal arguments to achieve what it considers its rights. “GN Entertainment will continue its battle for justice until all legal resources have been exhausted,” the letter said.
The Court of First Instance and the Appeal Court rejected GN requests for withdrawal of the Governor’s decision to annul the granting of a casino licence in September 2005. The Courts have deemed GN’s request unacceptable. But, according to GN, the Courts have not expressed any judgement as to the contents of the request.
The Administrative Court in first instance confirmed that the Island Government had used correct arguments in denying the initial request for a casino licence in 2005. But GN says the Court ignored the fact that the same Government intended to grant a casino licence in September 2005.
GN is therefore in the process of filing an appeal against this Administrative Court decision, as well as an appeal at the High Court in The Hague against what it considers the refusal of the Courts to deal with the Governor’s annulment.
The battle for a casino licence deals with the administrative powers of the Lt. Governor and the Governor and consequently the Island Council and Executive Council. GN has taken the position that the Lt. Governor abused his power by having an operational Executive Council decision sent up for annulment, because of third parties interest.
GN believes this could mean that any Executive Council decision on any matter concerning the interest, development and well-being of St. Maarten could be blocked by the Lt. Governor using the annulment option. “This practically gives the Lt. Governor the power of veto and this goes against all principles of good governance and the separation of powers,” the GN letter said.
On another legal front, GN wants the Courts or the Prosecutor to sort out the legality of the Island Government’s involvement in the transfer of the casino licence from Caravanserai Resort to Dolphin Casino in Mullet Bay. GN executives will ask the Courts to review the role of Democratic Party member Marcel Gumbs, who GN claims “pushed” the Council of Ministers to favour an annulment of the decision to grant the licence in September 2005.
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