PHILIPSBURG:--- The Masbangu (Vote Buying) case involving the United People's Party has been suspended until Monday August 4th, 2014.
Judge Koen Luijks granted Attorney at Law Eldon "Peppie" Sulvaran his request to have detective Lucy Gachette questioned by the judge of instruction before they proceed with the case. Sulvaran told the court he wants to know why his client Roy Heyliger was questioned by detective Gachette and detective Lake before the Attorney General Dick Piar gave the prosecution the go ahead to investigate the case.
Judge Luijks said that he will suspend the case until detective Gachette is heard but he denied the request for detective Lake to be heard since detective Lake made clear to Roy Heyliger that he was being questioned in a criminal investigation, further he (Heyliger) has the right to remain silent and not answer any of the questions posed to him. Based on that, the judge said Heyliger's rights were not infringed upon.
Prosecutor Maarten Noordzij in his opening remarks on Monday told the court that the prosecution needed more time based on the judge's order during the first hearing on February 17th, 2014 to question at least three witnesses. Prosecutor Noordzij said he wanted these witnesses be heard by the judge of instruction if the court agrees. Those witnesses are the leader of the United People's Party Theodore Heyliger, Herbal Gumbs and Ludwig Ouenniche. Prosecutor Noordzij said the prosecution does not need to hear these witnesses but since the judge felt it was needed they were ready to comply. Lawyers for the defense all objected to the hearing of the three witnesses. After a pause, Judge Luijks said that he will accept what the prosecution has to say about hearing the additional witnesses which he believes would have brought more clarity as to their affiliation with the United People's Party and Roy Heyliger. "Since the prosecution does not think they need to hear these witnesses I will deny the request."
Judge Luijks also agreed to allow the prosecution to change the indictment because the alleged crime was committed when St. Maarten was under the umbrella of the Netherlands Antilles but today the Prosecution wants to change that to officers of KPSM. In court on Monday was Glenda Patricia Webster, Ashwin Wilfred Martina, Officer Carolina, and Robert Charles Henry James. Roy Heyliger did not attend Monday's hearing but was represented by Attorney at Law Eldon Sulvaran.
One of the questions Judge Luijks ask the prosecution to explain was why they took this long to bring the Masbangu case to court. Prosecutor Noordzij told the court on Monday that he included in the file he presented to the Judge on Monday as well as to the defense the reasons the case took so long. One of the attorneys told SMN News that the prosecution laid the blame squarely on the lack of staff.
