Election fraud case to be heard on August 4

April 15, 2014 10:12 AM
PHILIPSBURG--The hearing of suspects in the so-called "Masbangu" case involving election fraud will take place on August 4, Judge Coen Luijks decided Monday. This case concerns possible irregularities during the first general election in Country St. Maarten, which was held September 17, 2010.
 
Former officials of the then Police Force of St. Maarten, St. Eustatius and Saba R.C.H.J. (62), C.C. (45) and A.R.W.M. (43) are suspected of voting for United People's (UP) party in exchange for money. Their colleague G.P.W. (49) is suspected of attempting to receive money for her vote, according to the Prosecutor's Office.
 
UP party representative R.H. (60) is accused of giving money to the police officials in exchange for their votes.
 
During a preliminary hearing, held February 17, the judge had ordered the Prosecutor's Office to reopen the investigations where the involvement of UP party leadership was concerned, for instance by hearing more witnesses.
 
According to the judge, the case file contained contradictory statements where UP's involvement in the alleged fraud was concerned.
 
The Prosecutor's Office had stated it could not be established that the UP party had bribed or attempted to bribe persons; however, suspect R.H., who was not present at Monday's hearing, had said he had acted on the orders of UP party leader Theo Heyliger.
 
The judge said the Prosecutor's Office had stated it could not be established that UP had committed punishable acts, whereas it had filed charges against party representative R.H. This constituted a serious contradiction, according to the judge.
 
The additional investigations led attorney-at-law Cor Merx to file a recusal request against the judge, which was declined by the Joint Court of Justice in a separate procedure.
 
During Monday's proceedings, it was established that neither the Prosecutor's Office nor the suspects and their attorneys deemed it necessary to hear three members of the UP party leadership.
 
The names of Theo Heyliger, Hannibal Gumbs and Ludwig Ouenniche were mentioned as possible witnesses, but after a 40-minute recess, the judge said he had decided to continue the case without hearing these witnesses.
 
"The Court still sees an apparent contradiction, but I expect little from additional questioning," Judge Luijks said in explaining his decision.
 
Monday's proceedings concerned a preliminary hearing, during which the suspects' lawyers could submit requests for the hearing of witnesses and other additional investigations.
 
In the meantime, the Prosecutor's Office added several documents to the case files, among which was an explanation of the Attorney General as to why it took three years and five months before this case was brought to Court.
 
The Chief of Police and Chief Prosecutor requested the Attorney General's approval of an investigation on October 28, 2010. The request was granted in November 2010, "but only on August 6, 2012, the Chief Prosecutor asked the Attorney General's permission for a criminal investigation. This time-frame raises questions," said Judge Luijks in February.
 
The National Detectives (Landsrecherche) completed the investigation in this case on February 14, 2013, but the suspects were not summoned until one year later. This may have implications for the so-called reasonability of the time-frame permitted by law between the date of the alleged crime and the actual court hearing.
 
The Court case is to resume after the summer recess, on August 4. Most likely, proceedings would continue that day with attorney Merx presenting preliminary pleadings on behalf of his client C.J.L.C.+
 
(Source: The daily Herald)

Lawyer Roeland Zwanikken considers legal action against ABN AMRO Bank

May 08, 2021 6:14 PM
THE HAGUE--Attorney-at-law Roeland Zwanikken at St. Maarten’s BZSE law office is considering legal action against the intention of the Dutch ABN AMRO Bank to close the bank accounts of its clients in the Dutch Caribbean.

Fiscaal onderzoek bij notariskantoren vinden doorgang

May 07, 2021 8:04 AM
In het Antilliaans Dagblad: Fiscaal onderzoek bij notariskantoren
WILLEMSTAD – De fiscale onderzoeken bij de notarissen vonden en vinden, ondanks de beperkingen van Covid-19, weer doorgang en de medewerking aan de kant van notarissen en adviseurs is daarbij ‘over het algemeen goed’.

Juridische miljoenenstrijd tussen BNP Paribas en Italiaanse prinses verhardt

February 22, 2021 4:51 PM
  • Bezit van Italiaanse Crociani-familie op Curaçao mag van rechter worden verkocht
  • De Crociani's ruziën al jaren met BNP Paribas over een claim van $100 mln
  • Curaçaos trustkantoor United Trust heeft 'geen enkele relatie meer' met Camilla Crociani
Een Italiaanse prinses met zakelijke belangen in Nederland heeft het onderspit gedolven bij diverse rechtbanken in een langslepend conflict met zakenbank BNP Paribas.