Saba News News and Information from Saba Island, Dutch Caribbean
Minister of Justice Nathalie Tackling has confirmed that neither she nor Acting Minister of Justice Marinka Gumbs was informed by the Public Prosecutor’s Office (OM) or asked to make any decision concerning the release of a woman arrested after three firearms were discovered in her luggage at Princess Juliana International Airport.
Tackling emphasized that decisions concerning the arrest, detention and release of criminal suspects fall under the authority of the OM and judiciary, not the Minister of Justice, and that prosecutors are under no legal obligation to inform the Minister about individual cases, regardless of their public profile.
The Minister provided the clarification in a written response to questions from The People’s Tribune following public debate surrounding the arrest and subsequent release of the woman, who has been linked to former Saba Island Governor Jonathan Johnson.
The People’s Tribune asked the Minister’s cabinet to clarify who determines whether suspects are detained or released and whether the OM is normally required to inform the Minister about high-profile cases or seek ministerial approval before making such decisions.
Prosecutor’s Office Has Authority Over Detention and Release
Tackling explained that the Code of Criminal Procedure establishes the responsibilities of the Public Prosecutor’s Office in criminal investigations, including decisions concerning suspects held in custody.
“Under the Code of Criminal Procedure of Sint Maarten, decisions on the arrest, detention, and release of suspects in a criminal investigation rest with the Public Prosecutor’s Office (OM),” Tackling stated.
She explained that the OM directs criminal investigations and decides on custody and whether to request pretrial detention, while judicial authorization is required for pretrial detention orders.
The Minister further referred to the Kingdom Act governing the Public Prosecution Service, explaining that the Prosecutor General exercises this authority independently.
“The Minister has no authority to take, direct, or reverse such decisions in an individual case,” she stated.
Her explanation establishes that the Minister of Justice does not determine whether an individual suspect should remain detained or be released during a criminal investigation.
Neither Minister Received Information or Request for Approval
Tackling also addressed whether prosecutors are required to keep the Minister informed about cases attracting considerable public attention.
According to the Minister, there is no legal requirement for the OM to inform her about individual criminal cases or seek her approval for decisions involving suspects.
“Nor does the law impose an obligation on the OM to inform the Minister of individual cases, however high profile, or to seek a decision from the Minister,” Tackling stated.
She then addressed the airport firearms incident directly.
“No such information was provided in this case, either to me or to the acting Minister, and no decision was requested of either of us.”
The clarification follows recent reporting concerning whether Acting Minister Marinka Gumbs had been involved in approving the woman’s release. On November 8, SMN-News corrected an earlier report suggesting Gumbs had authorized the decision, after the Acting Minister stated that no such approval had been given and that the decision rested with the Public Prosecutor’s Office.
Tackling’s response independently confirms that neither Minister was asked to authorize the release.
Minister Wants Greater Awareness of Impact of OM Decisions
While emphasizing the independence of the prosecution service, Tackling acknowledged that decisions made within the criminal justice system can generate consequences for the Ministry of Justice, particularly when they attract public concern.
“That said, the absence of a legal obligation does not make the impact of these decisions any less real,” Tackling stated.
She explained that she continues raising concerns within the driehoek, the consultation structure involving justice and law enforcement authorities, about the wider implications of decisions made by the OM.
“Within the driehoek, I continue to stress that the OM must be more aware of the effect its decisions have on the legal order. That work is, however, still in progress,” the Minister stated.
Tackling also expressed concern about the Ministry being expected to explain decisions over which it has no authority.
“Too often, decisions in which this Ministry has no say end up with us to explain, even though we cannot account for them.”
The Minister did not suggest that these concerns entitled her to intervene in individual criminal investigations. Rather, her comments concerned the relationship between prosecutorial independence, public accountability and the consequences of decisions made within the justice system.
Three Firearms Discovered in Passenger’s Luggage
The controversy followed an incident on Tuesday, November 3, 2026, when a female passenger arriving at Princess Juliana International Airport on a flight from Saba was arrested after three firearms were discovered in her luggage.
According to information attributed to the Public Prosecutor’s Office in local media reports, all three weapons were confiscated, and the woman was questioned before being released from police custody.
The OM confirmed that the investigation into the importation of the firearms remained ongoing. However, the prosecution service did not publicly explain the grounds for releasing the woman or provide details concerning ownership of the weapons and whether the necessary authorizations existed.
Subsequent reporting identified the woman as having a family connection to former Saba Island Governor Jonathan Johnson, although the authorities have not publicly confirmed her identity.
The case has attracted attention in St. Maarten and Saba, particularly concerning the circumstances under which the firearms were transported and the decision to release the passenger after questioning.
MP Lewis Questions Release and Calls for Explanation
On November 8, Member of Parliament Lyndon Lewis, Chairman of Parliament’s Justice Committee, called for a written and public explanation concerning the incident.
Lewis questioned who authorized the release, what circumstances informed the decision and whether any conditions were imposed on the woman following her questioning.
The MP also raised concerns about whether suspects are treated consistently in comparable firearms investigations. He requested information about ownership and authorization of the confiscated weapons, as well as security screening procedures for passengers traveling between Saba and St. Maarten.
Lewis characterized the circumstances as raising concerns about unequal treatment, while calling for an explanation that respects the presumption of innocence and the ongoing criminal investigation.
No finding of preferential treatment has been established, and the Public Prosecutor’s Office has not publicly disclosed the reasons for its decision to release the woman.
The Peoples’ Tribune.
