Philipsburg:--- The 62 year old driver of the dump truck that crushed 12 year old Silvia Lynch to death on Friday is residing on St. Maarten illegally. SMN News learnt that the national of the Dominican Republic is in possession of a Brooks Tower Application receipt and he is not in possession of a Dutch Drivers License. SMN News was reliably informed that the driver has a license from the Dominican Republic and he has been living on St. Maarten since 2002.The source said the man has no working or residency permit and it is not clear if the insurance company will honor the insurance policy they granted to COMPRO NV for the vehicle.
Chief Prosecutor Hans Mos confirmed that the driver is residing on St. Maarten illegally. Mos said while the driver was arrested on the day of the accident he had to be released since police do not have enough evidence to charge him with manslaughter. Mos said the driver can be charged with causing death by negligence and the law does not allow police to keep persons who are charged with negligence in custody. If convicted, he can receive a maximum of one year prison sentence.
The Chief Prosecutor said the driver was turned over to immigration but was subsequently released. Asked if the driver was in possession of a driver's license, Mos said he did not know. Police already determined that the brakes and clutch from the vehicle failed when the driver was descending Naked Boy Hill which caused the deadly accident.
It must be noted that only persons who are residing legally on St. Maarten are able to obtain a Dutch drivers license. Therefore, if the driver was an illegal he could not in obtain a Dutch drivers license, the police and prosecutor's office would have to take a decision as to how they will proceed with the case since the driver was neither legal or insured based on the laws of St. Maarten.
