Philipsburg:--- The Court of Appeals of Curacao, St. Maarten, Aruba, and the BES Islands in their decision rendered on Wednesday ruled that the main suspect in the brutal murder of Micheal and Thelma King, Meyshane Kemar Johnson will remain in custody for the duration of his trial. The decision was pronounced in St. Maarten even though the Appellate Court made the decision in Curacao.
Based on the decision rendered on Wednesday, the panel consisting of three judges said while the Attorney General Taco Stein stated that the suspect and his lawyer had no grounds to appeal. Stein asked the Court of Appeals to deem the appeal submitted by Johnson inadmissible. However, the Appeals Court found that the suspect (Johnson) was within his rights to appeal and the appeal was submitted on time therefore it is admissible.
The court believes that the suspect was within his rights to appeal the decision rendered by the Court of First Instance who ruled that the summons issued to Johnson on January 10th, 2013 was null and void.
The Appeals Court stated that even though the judge in the lower court ruled the summons null and void, the judge also used another part of the law which is article 105- 4 which allowed her to keep the suspect behind bars for a period of three weeks. The Appeals Court further explained in their decision that at the time when the judge ruled that the summons of January 10th, 2013 was null and void, the Attorney representing Johnson did not request his immediate release. The Appeals Court further explained that during that period of time a new summons was issued to the suspect for him to appear in court on January 17th, 2013.
Therefore, the Appeals Court rules that the pre-trial detention of Meyshane Kemar Johnson continues as of January 17th, 2013. Clearly from the decision rendered by the Appeals Court on Wednesday, Meyshane Kemar Johnson was kept in custody without a title or reason for a period which is from January 10th to 16th 2013.
Regarding the other two summons that Attorney Brooks asked the Appeal Court to declare inadmissible, the Court of Appeals states that they have no authority to make a decision on the other summons.
Based on the decision rendered by the Court of Appeals on Wednesday, Meyshane Kemar Johnson will remain in custody until the case is completed in the Court of First Instance and when the case reaches them for a second time, a decision will be taken on the legality of the three summons that were issued to Meyshane Kemar Johnson. When the decision was pronounced on Wednesday afternoon several members of the King family and some of their friends were in the court room.
Click here to view the decision rendered by the Court of Appeals on Wednesday.