PHILIPSBURG--The Joint Court of Justice does not consider itself bound by the new guidelines on the possession of illegal firearms that were introduced by the Prosecutor's Office on March 1.

 

Dealing with a case of illegal firearm possession, Judge Mauritsz de Kort of the Joint Court of Justice, said Thursday that the new guidelines had not been drafted in consultation with the Joint Court. This is not required, as the Prosecutor's Office can set its own policy in demanding punishments, as long as these remain within the boundaries of law.

 

The Judge said it was in itself reasonable that the Prosecutor's Office had introduced the directive for possession of illegal firearms in Curaçao, St. Maarten and in Bonaire, St. Eustatius and Saba, but added that the Court also has its own "points of orientation."

 

The new directive takes account of repeat offences, not only for possession of firearms, but also for violent offenses. It will also be taken into account whether the illegal possession of firearms has taken place in a public place, during which time of day, and whether it took place around entertainment venues, or during events or public celebrations. The number of firearms also will be an aggravating fact; the Prosecutor's Office stated when the new guidelines were made public on February 23.

 

Mickael Mauvais was the first offender to be confronted with the new directive. In the case of the 26-year-old suspect, who was not present for his hearing, Prosecutor Maarten Noordzij requested the Court to sentence him to 18 months.

 

Under the old guidelines, the Prosecutor would probably have requested one-year imprisonment, which was the regular demand for possession of one firearm.

 

Mauvais was found in possession of an illegal firearm on August 24, 2014. The weapon was found in a car. In 2013, Mauvais was also found guilty of similar charges, for which he was then sentenced to 17 months, five of which were suspended.

 

Considering the repeat offence, the Prosecutor now demanded an increased sentence of 18 months.

 

In sentencing, the Judge said the Court weighs the specific circumstances in every individual case to establish whether the Prosecutor's demand is reasonable or not.

 

Considering the case file, the fact that the weapon was found in a car on the street, and the defendant's repeat offence, the Judge found the Prosecutor's request in this case to be in order and sentenced accordingly.

 

The Daily Herald