Topper’s owner gets sentenced for guns

October 30, 2014 10:48 AM
PHILIPSBURG--The owner of Topper's Restaurant in Simpson Bay was sentenced Wednesday to seven months suspended, on three years' probation, and a NAf. 7,000 fine, for the possession of two firearms with ammunition.
 
The Prosecutor's Office had requested nine months suspended and a NAf. 10,000 fine.
 
A fully-loaded .22 calibre handgun and a box with 83 bullets were found in the office at Topper's Restaurant in Simpson Bay, of which Herbert A. Daboul is the owner. A fully-loaded .38 revolver was found at his home during the searches which were carried out on September 17.
 
The 75-year-old businessman was arrested and detained and released from custody 12 days later.
 
Daboul said permits had been requested for the firearms, which were kept in vaults and were kept for self-defence. Daboul and his wife had received death threats and had been the victims of multiple assaults.
 
In addition, Daboul's business partner Michael King and his wife Thelma were robbed and killed in their Cupecoy condominium in September 2012.
Daboul said the guns had been acquired in conjunction with a long-pending request for a firearm license. This concerned a semi-automatic pistol, but the two revolvers he had purchased from a visiting police officer from New York had not been licensed.
 
The owner of two restaurants and three bars, who is a first offender, said he was sorry for what had happened. "I never walked with a weapon," he added in his defence.
 
Prosecutor Maarten Noordzij said this case was brought before a Judge as the Prosecutor's Office and the Police are currently making extra efforts to curb the possession of firearms.
 
"The "Stop, Drop and Go" campaign is aimed at taking unlicensed firearms out of circulation," the Prosecutor said. "St. Maarten is riddled with violent crimes in which people not infrequently lose their lives."
 
The Prosecutor saw various reasons to deviate from the regular nine to 12-month sentence for a first offender with firearms. For instance,
because in this case it involved so-called "nightstand" firearms, which were solely intended for protection. The defendant also had requested licences and had fully cooperated with the investigations.
 
Due to the defendant's age the Prosecutor found community service an inappropriate sentence. Instead, he requested the Court to impose a fine.
"Fines are also imposed on owners of luxury yachts that sail into St. Maarten with unregistered firearms on board," the Prosecutor said.
 
"My client can hardly be compared with the owner of luxurious vessel," attorney-at-law Jairo Bloem responded. He said his client was a man of character, a good employer to 60-70 employees and well-respected in the community.
 
The lawyer used this case to call on government to provide clarity on the gun policy. He said that former minister of justice Roland Duncan had made various statements about the requirements for the issuance of gun licenses, which were, however, never included in an official policy.
 
The Daily Herald

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