The Court of First Instance has ruled in the forfeiture claim (“ontnemingsvordering”) filed by the Prosecutor’s Office
Sint Maarten (OM SXM) against former Member of Parliament A.A.
In its ruling of October 22, 2025, the Court found there were sufficient indications
that A. had both bought votes during the January 2024 parliamentary elections and
committed perjury when taking the oath of office before the Governor. However,
the Court determined that the salary and transitional allowances (“wachtgeld”) A.
received as a Member of Parliament could not be considered illegally obtained profit
(“wederrechtelijk verkregen voordeel”), since he had actually performed his
parliamentary duties for a time. The Court therefore denied the OM’s forfeiture
request.
The case concerns the financial benefits A. received after being elected to
Parliament. The Prosecutor’s Office, acting under article 1:77 of the Penal Code,
had sought confiscation of XCG 168,189.58 in salary and allowances, arguing that
these payments represented unlawful benefits gained as a direct result of vote
buying and perjury linked to his election and swearing-in.
The Prosecutor’s Office does not agree with the Court’s reasoning. The OM
considers that, because the vote buying and perjury were directly tied to A.’s
election to Parliament, and therefore to his entitlement to salary and benefits, those
payments should be regarded as unlawful proceeds of his crimes, and thus subject
to forfeiture.
The Prosecutor’s Office will appeal the Court’s decision before the Common Court of
Justice.
The underlying criminal conviction against A., handed down on January 8, 2025, for
vote buying, also remains under appeal. In that case, A. was sentenced to 18
months’ imprisonment and a six-and-a-half-year disqualification from holding public
office or participating in elections.
OM SXM reiterates its commitment to upholding integrity in public office and
ensuring that no one profits from corruption or deceit in the democratic process.