Extortion suspect found guilty, but not punished

November 27, 2015 8:18 AM
PHILIPSBURG--A 28-year-old victim in a severe traffic accident was found guilty by the Court of First Instance on Thursday of the attempted extortion of the driver of a vehicle and his cousin, who were involved.
 
Germain M. of French St. Martin lost one of his lower legs in the accident and is wearing a prosthesis. He was knocked off his scooter by a vehicle in the road accident which occurred in French St. Martin. He said he had lost his leg “on the spot.”
 
The Gendarmerie reportedly informed him that he could press charges concerning the circumstances, but he informed the Court that he had no recollection of the accident at all.
 
The victim had declined pressing charges but had sought financial compensation for medical cost and damages. Despite two payments the victim was never fully compensated, much to his frustration and disappointment he told the court.
 
Things went wrong on September 22, when parties met each other again at the parking lot of Kooyman Mega Store on A.J.C. Brouwer Road. While sitting in his car, the defendant had pulled a toy gun in an attempt to emphasise his words.
 
“Look, I have a gun,” and “I want my money, today,” he reportedly had told his foes. One of them is an aspirant member of the Voluntary Corps of St. Maarten VKS. Therefore, it had made no sense to go to the police, M. explained to the Judge.
 
He had not filed a civil case and had not made an appeal to the driver’s vehicle insurance either. “I cannot wait four years for my money,” he said in explaining his aggressive behaviour of two months ago.
 
Attorney Geert Hatzmann said his client had made a “royal gesture” in not pressing charges, but the other party had failed to meet him halfway, even though he had shown them that he had become physically handicapped.
 
“They said they could not do anything for him,” the lawyer said. “It isn’t fair, man,” the defendant added.
 
Prosecutor Gonda van der Wulp found extortion proven, but said there were mitigating circumstances. “The suspect should not be duped by what has transpired. He has a clean criminal record, has apologised, and should not be sent to prison.” She requested the defendant to be declared guilty without imposing a sentence.
 
Hatzmann was full of praise for the Prosecutor’s handling of this case. Not only had his client been held for not more than three days, the demand was also appreciated.
 
The lawyer made an appeal to circumstances beyond his client’s control, which should lead to his dismissal of all prosecution. Hatzmann said M. had been “very desperate” and had felt “vulnerable” due to his handicap.
The Judge found extortion proven. The fact that he had a gun in his car was testimony to the fact that the defendant knew what he was doing and had had the intention to put force behind his demand for money, it was stated.
 
Initially, the Judge considered imposing a suspended sentence. But in the end, he decided to sentence the defendant according to the Prosecutor’s demand.
 
The Daily Herald

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