Wathey family appeals court ruling

POSTED: 05/10/12 4:06 PM

St. Maarten – The Wathey family has filed an appeal against the April 13-court ruling that banned Norman Chester Wathey II from defaming them in the media.

While that part of the court ruling was to the Wathey’s satisfaction, another part was not: the court rejected a demand by the heirs that Wathey II refrains from publishing information he will obtain about the Wathey-companies and the estate they consider confidential. This would lead to an unacceptable limitation of Wathey II’s right to freedom of expression that is guaranteed in St. Maarten’s State Regulation and in the European Human Rights Treaty. However, Judge Luijks noted that Wathey II is not allowed to make unlawful statements that would defame the Wathey heirs in public.

The court declared a third demand by the Wathey heirs – payment of a 15,000 guilders advance in damages to cover the costs (like advertising and legal advice) they had to make for damage control – because it lacks urgency; this condition is a requirement for rulings in summary proceedings.

The court also ordered the Wathey’s to provide information about their father’s estate within thirty days under threat of a 20,000 guilder per day penalty for non-compliance. The maximum penalty is 25 million guilders (almost $13.9 million).

The deadline for providing this information is this coming Sunday. The Watheys filed their request for a speed appeal on May 2.

Did you like this? Share it:
Wathey family appeals court ruling by

Comments are closed.