Court backs Statia Governor’s refusal of VOG for Search and Rescue coordinator

ORANJESTAD, St. Eustatius – The Court of First Instance has upheld the decision of Island Governor Alida Francis to refuse a Certificate of Good Conduct (VOG) to an applicant for the position of Search and Rescue (SAR) Coordinator on St. Eustatius.

In its September 1 ruling, the Court found that the Governor had sufficiently justified the refusal based on the applicant’s criminal record. The applicant was convicted by the Joint Court of Justice in April 2023 for migrant smuggling and forgery.

The Court rejected the argument that those offences were not sufficiently related to the SAR coordinator position. Given the responsibilities associated with the position, it found that the convictions could legitimately be considered when assessing whether a VOG should be issued.

The applicant’s personal circumstances, including his involvement in the Statia community, previous SAR activities and conduct since his conviction, did not outweigh those considerations.

The complaint was therefore declared unfounded and the Governor’s April 20 decision remains in force. According to the judgment, no appeal is possible.

The Court did identify a procedural issue concerning how VOG decisions are formally communicated. The Governor’s Cabinet says it will adjust its procedures accordingly.