Uitspraak
1.De zaak in het kort
2.Het verloop van de procedure
3.De feiten
4.De procedure bij het Gerecht
5.De beoordeling
“If [geïntimeerde] is man enough to want to give me a notice via his lawyer tell him to meet me in Santo Domingo, where he sat down with Arajet and other people and [betrokkene 1] and collect the money. I filed a criminal complaint against [geïntimeerde]",
That is three houses. So, the man building a house in Saunders, he buys [betrokkene 1] house cash money, the cement man house cash and he got one in the Valley. This is a serious case of money laundering here. The people of Sint Maarten were these follows getting the money to buy these types of things. Boy Oh God, where are they getting the money to buy these types of things. The man buys [betrokkene 1].... You are a corrupt fellow. You are just like your father. Your hands are sticky. You are in Government to make money. Your hands are sticky. (...) My people this cannot be serious business. These guys are in your government ripping you off. I have got an idea how he gets the money. It probably come from EHAS. (..) [geïntimeerde], it has been declared by \[appellant] you are a corrupt politician",
"I come after you and your father", "Your dirty big head split skunk", "Once I get the document, I will rip every single piece of your backbone out of your back body my friend", [geïntimeerde] is a gangster. A Minister gangster", "So.[geïntimeerde] was busy on a boat yesterday full of drugs. A boat that he himself sponsor the party. But they want to be gangsters", "What say [geïntimeerde] we don't need gangsters in our government", “We are going to get you out", "So, this guy together with his cousin [betrokkene 2] who has rip off Sint Maarten people money and the Sint Maarten people are poor cannot buy a home".
In a land where 16 square miles harbor whispers of nepotism and stifled voices, my fundamental and universal right to express my opinions has been shackled”.
What I have done is question him about his actions”), maar hij vervolgt :
“I did indeed see the envelope in question in the Dominican Republic. 1 +1= 2, but nevertheless, I never said that [geïntimeerde] received it”.De tekst van uiting 1 bevat wel een concrete beschuldiging: “….
in Santo Domingo, where he sat down with Arajet and other people and [betrokkene 1] and collect the money.”De manier waarop deze beschuldiging geuit wordt en herhaald wordt in diverse videofilmpjes (in video 1, 2, 3 en 8) in steeds soortgelijke bewoordingen geeft wel degelijk de sterke suggestie dat [appellant] meent te weten dat [geïntimeerde] smeergeld heeft ontvangen van Arajet en het publiek zal dit ook zo opvatten.
“[geïntimeerde], do you have 3 houses (…)? Do you have an an appartment in Dubai, yes or no? (…) We, the people of Sint Maarten, want to know where you got the money to purchase all these homes (…).”en doet hij suggesties :
“It is said among the community that the Managing Director/Owner of the concrete company that poured the hospital floors, [directeur 1], Managing Director of St. Maarten Concrete, is the same person or company that sold or traded off the house with [geïntimeerde]”.
“(…) the company, of which [geïntimeerde] is allegedly a shareholder of which his girlfriend [directeur] is the Managing Director (…)[geïntimeerde]: have you as Minister conducted any business with this company ?”. Ook hiervoor geldt dat vragen over (zaken)relaties van ministers legitiem kunnen zijn in een publiek debat, maar concrete beschuldigingen van omkoping of vriendjespolitiek onderbouwd moeten worden.
“(…) Article 10 of the Convention does not (…) guarantee a wholly unrestricted freedom of expression even in respect of coverage of matters of serious public concern (…) the exercise of this freedom carries with it “duties and responsibilities” which are liable to assume significance when there is a question of attacking the reputation of private individuals and undermining the “rights of others”. Thereby, the information conveyed on issues of general interest is subject to the proviso that the party concerned is acting in good faith in order to provide accurate and reliable information”.