PHILIPSBURG:--- Judge Koen Luijks did not mingle with words on Monday afternoon when four of the five suspects (police officers and one civil servant) working for KPSM showed up in the Court of First Instance with their lawyers to answer charges of bribery involving the United People's Party.
The court tribune was packed to its capacity with members of the United People's Party and several police officers who were probably there to support their colleagues. Some members of the Wathey family were also in the courtroom as well as Member of Parliament Johan Janchi Leonard. The Chairman of the Integrity Committee Jan Beaujon was also inside the courtroom taking notes as he and other members of the community were commissioned by Government to conduct an integrity investigation.
Glenda Webster, the civil servant working at KPSM, did not have a lawyer and she told the judge that she will wave her rights to a lawyer. It should be noted that it was Glenda Webster who made a scene inside the police station when she learnt that the UP party had sent an envelope for her and she never received it.
Judge Luiks adjourned the court for a few minutes and returned with a preliminary judgment in which he stopped the hearing on Monday for several reasons and he set a new date for a 'performa' hearing which will be held on April 14th, 2014.
Judge Luiks ordered Prosecutor Maarten Noordzij to turn in all the information that is lacking from the file. The judge stated that the Prosecution turned in an incomplete case file. Judge Luiks cited a number of errors in the file, such as lacking of information (CEI) regarding the leader of the United People's Party Leader Theodore Heyliger. In the file given to the court, there is a process verbal of February 14th, 2013 where they mentioned a document investigation. The judge wants to know what and where are the documents, he ordered that those documents be added to the file.
More amazing was when the judge said that in the indictment no mention was made of Ms. Glenda Webster, yet she was summoned to court. He also stated that in the indictment there is a contradiction because it stated that parties were given money for their vote, but further down it stated that no political party can be held accountable. The judge questioned the statements in the indictment because he wanted to know how can this be possible when Mr. Roy Heyliger said he was acting on behalf of Theodore Heyliger the leader of the United People's Party. Roy Heyliger made these statements when he was questioned by police. The judge further asked where is Theodore Heyliger and why was he not in court on Monday. He told Prosecutor Noordzi to explain that contradiction.
Another question the judge asked the Prosecution to explain on April 14th, 2014 is why this case took so long before it reached the courts. The acts (crimes) were committed on October 28th, 2010. The said file was sent to the lead Prosecutor (Former Chief Prosecutor Hans Mos) in November 2010. Permission was given in 2012 by the Attorney General to start the investigation while the investigation was completed in 2013, therefore he wants to know why it took one year before the Prosecutor's Office summoned the accused to court. With all of the errors and contradictions in the indictment he ordered the Prosecution to complete the file with all the lacking information, further explain to him why they took so long to prosecute, give an explanation to the court why Theodore Heyliger was not summoned, and to further explain to him how they intend to proceed with the case. The judge actually ordered the prosecution to summon the leader of the United People's Party to court the next time the hearing is scheduled.
Attorney at Law Cor Merx protested against the judge's decision by stating that the court went too far. They gave the prosecution all it needs prepare a good case against his clients and the court is not being impartial by giving the prosecution more time to complete the file. The other lawyers said they had the same concerns as Merx.
When the judge rendered his preliminary judgment many of the persons inside the court room wanted to know if the prosecutor will be fired. Some said that the prosecutor should be fired at the steps of the court house. Persons who witnessed what transpired in the courtroom left in shock that the prosecution bungled a case they had on their desk for so many years. One person was overheard saying that the politicians involved made a deal with the Prosecutor's Office to prolong this investigation and allow corruption to further brew on St. Maarten. Another person said that it is time for the Dutch to come in a take over the country because the politicians are too close to the justice chain on St. Maarten.