Philipsburg:--- Minister of Justice Roland Duncan indicated to the Members of Parliament that he was dead serious when he indicated earlier that he would be amending article 494 of the penal code to add stiffer penalties for crimes committed against any person that is visiting St. Maarten for recreational purposes. Persons who are convicted for such crimes can face up to six years behind bars based on the amendment of article 494 sub-sections (E).
To show how serious he was, Minister Duncan submitted a copy of the draft amendment which will be officially submitted to parliament at a later date for ratification. Minister Duncan made the statements and submitted his draft amendment on Tuesday evening during a central committee meeting requested by members of the National Alliance to discuss his intentions to amend the penal code. Minister Duncan also called on the Members of Parliament to read the draft amendment and to vote their conscience when the time comes. He also informed Parliament that he decided to amend the penal code after attending a meeting with the Deputy Prime Minister with the Florida Caribbean Cruise Association (FCCA) who expressed concerns about the crime situation on St. Maarten. The Minister also clarified that he did not make any promises to the FCCA but thought it was indeed a good idea to add stiffer penalties for persons who commits a crime against a tourist. The Minister also considered the statements made by some parliamentarians to be despicable when they said adding stiffer penalties for crimes committed against tourists can be considered as class justice.
Members of the National Alliance, namely its leader William Marlin informed the Minister that amending the penal code to accommodate tourist alone would send the wrong message and that he would be opening a pandora's box. Marlin said such an ordinance would indeed create class justice on St. Maarten. He said crime is crime and if the penal code needs amending then it should be done across the board. Marlin said one of the reasons St. Maarten opted to become a country was to make changes that would accommodate the people. "We said back then that we were going to be in the driver's seat and we can no longer blame the Federal Government or the Netherlands Antilles." He said while he agrees that they have to embrace the tourists, he also wants to know why make them a priority when crime is committed every day, like the snatching of chains.
While Member of Parliament Louie Laveist said he respected the Minister for wanting to protect the island's only source of economy. However, making such a law would be sending the island down a slippery slope. Laveist said such a law should not only be considered as class justice but is in fact discriminatory. He implored on the Minister to hold on to this thought for now. Laveist said he believes that St. Maarten's "Houdini" is behind the amending of the penal code to accommodate the FCCA and he wonders why the delegation who went to Florida did not indicate the need to increase the head tax to assist St. Maarten's Police or to finance the camera surveillance project.
Independent Member of Parliament Frans Richardson asked the Minister to provide him with statistics that can show how much crime is committed against a tourist compared to the local citizens of St. Maarten. Richardson said in his opinion crime is crime and penalties should not depend on ones color or creed.
Supporting the Minister's draft amendment was Member of Parliament Jules James. James said crime and tourism does not go hand in hand and since tourism is St. Maarten's only source of income then it must be protected. Member of Parliament James said he believes that stiffer penalties should also be imposed on persons who are convicted for selling drugs in and around schools as opposed to those selling drugs in bars and night clubs. Member of Parliament Johan Janchi Leonard in the first round of the meeting said that there should be no discrimination and that everyone should be treated equally under the law. Leonard later recanted after the Minister's presentation by saying he can be convinced to change his mind but the Minister would have to do that by providing the statistics to show how much crime is committed against tourists. The former cop said he knows that there is no such statistics available to the Minister.
Minister Duncan in reacting to the statements made by the Members of Parliament said crime committed against tourists is much higher on the French side than the Dutch side but he felt that the Dutch side had to amend its penal code because they promote the island jointly, while the tourist enter St. Maarten through the Dutch side of the island. Minister Duncan also indicated to the Members of Parliament that it is up to them to either increase or decrease the amount of time and fines he added to the amended draft ordinance. Minister Duncan also explained that adding article E to article 494 is not class justice because he expanded the penal code. The Justice Minister said he went as far as holding discussions with Turning Point to accommodate youths. "I have asked Turing Point to see if they can expand their programs so that they can accommodate youths who find themselves in trouble with the law." Member of Parliament George Pantophlet said he sensed that the FCCA is behind the amending of the penal code to accommodate tourists and he wonders why the FCCA is not assisting St. Maarten's men in blue (police) that is currently understaffed. Pantophlet indicated to the Minister that his draft amendment would be dead on arrival when it reaches parliament.