Legal Perspective

Legal Perspective (1071)

PHILIPSBURG, St. Maarten - Immigration officer J. Marlin and another man, who are suspects in the case “Ostrich” were freed from jail this week when the official paperwork to prolong their detention was not in order. This was a technical error by the Prosecution.
The Judge of Instruction released both of them, but the Prosecutor appealed, and Marlin and the other man had to appear in front of a Judge.

PHILIPSBURG, St. Maarten - The appeal hearing against the suspect K.M.C. has been postponed till March 2, 2017. His lawyer requested the postponement of the appeal hearing that had to take place on Thursday, November 17, 2016 due to unexpected urgent matters that needed his full attention.

K.M.C. was sentenced on February 10, 2016 to 6 months in jail 3 of which suspended, a nine-month ban on conducting a vehicle and 120 hours of community service.

PHILIPSBURG, St.Maarten – The Judge  of Instruction on Friday, November 18, 2016 granted the custody of J.M. with eight 98) days. The prosecutor’s office requested for the suspects to be remanded. The employee of the immigration department and her partner D.F. were arrested on Monday, November 14, 2016.

They are suspected of human smuggling, bribery and abuse of het post. D.F. meanwhile has been released from pre-trial detention by the Judge of Instruccion, but remains a suspect in the ongoing investigation.

The arrests were the result of a lengthy investigation that has been ongoing since April 2016, code-named Ostrich.

PHILIPSBURG, St. Maarten The Solicitor General demanded on Thursday, November 17, 2016 a jail sentence of ten (10) years against S.M.J.

That is equal to the punishment he received by the Court of First Instance on March 2, 2016. S.M.J. was sentenced for shooting a man in his chest during an armed robbery at a bus stop on BackStreet on August 16, 2015.

Based on the evidence presented, the Court in First Instance found it legally and convincingly proven that the defendant had committed attempted manslaughter.

PHILIPSBURG, St. Maarten - The Solicitor General asked the Joint Court of Justice on Thursday, November 17th to sentence suspects R.G.K, D. C.L and A.K.A to  a jail sentence of one (1) month fully suspended and 120 hours of community service.

The demand is equal to the punishment the suspects received in the Court of First Instance of St. Maarten on April 26th, 2016. 

PHILIPSBURG, St. Maarten - The appeal hearing against the suspects O.A.C, R.D and J.L in the “Menam” case was postponed until February 2nd, 2017. The Joint Court of Justice is of the opinion that more time is needed than the hour and a half that was allotted for the appeal hearing on Thursday, November 17th.

A.O.C, R.D and J.L are suspected of being involved in the armed robbery on August 5th, 2015 at Oro Diamante jewelry shop on Front Street.

Police officer Gamali Benjamin on that day while excersing his duties and died as a result of the injuries he sustained.

A.O.C was acquitted of all charges, while R.D and J. L were sentenced to 20 and 8 years in jail respectively by the Court of First Instance.

PHILIPSBURG, St. Maarten - The Solicitor General asked for a six (6) jail sentence for former police officer R.M.P York, during the appeal hearing on Thursday, November 17th, 2016.

He is suspected of manslaughter and illegal firearm possession. The former police officer killed H. K Isidora on March 4th, 2015 in Belvedere.

The Solicitor General said that it was legally and convincingly proven that York committed homicide with an illegal firearm. However, the Solicitor General also took into consideration the fact that York, as a former police officer is in an extra difficult position being locked up incarcerated in Aruba and has hardly any contact with relatives.

PHILIPSBURG, St. Maarten -  The Law Enforcement Council recently presented the Minister of Justice, Edsel Kirindongo, with a report on the enforcement of St. Maarten’s Adult Entertainment policy.

The inspection was conducted from March through June of this year and is mentioned in the council’s annual plan.

The Councils’ inspection and report focuses on the aspects of preventing of and enforcement of crimes that are (often) related to the sex industry. These are specifically human trafficking, forced prostitution and exploitation. Whereas the inspection reveals suspected financial crimes, such as money laundering and tax evasion relating to operators in the industry, the approach towards those criminal activities fall beyond the scope of this report.

The method used in addressing the aspects mentioned in the inspection report, was divided into an administrative and a criminal segment.

PHILIPSBURG, ST. MAARTEN - The Presecutor's Office demanded still jail sentences for four young men suspected of committing an armed robbery on May 16, 2016 at island Water world.

During the criminal proceedings that took place on Wednesday, November 16, 2016 four of the five suspects D.L.M. (21), T.P. (18), A.L.L. (20) and D.W. (19) appeared in front of the judge of the Court of First Instance of St. Maarten.

T.P. was only 17 years old when the armed robbery was committed. The four suspects denied any involvement in the robbery. The Prosecutor's Office however believed that it was legally and convincingly proven that the suspects were involved.

On May 16 three armed men entered island Water World and ordered the employees and clients at gunpoint to lay on the ground. they took approximately 2,500 US dollars and two cell phones and left in a white Toyota Yaris. The Prosecutor stated that all the suspects have been convicted in the past for similar offences.

PHILIPSBURG, St. Maarten -  On Wednesday, November 16 2016, at approximately 01:15 pm, in the afternoon a Chinese supermarket located on the Ginger road was robbed by an assailant wielding machete.

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