Prosecutor challenges judge in money-laundering case

May 16, 2015 9:22 AM
PHILIPSBURG - The Prosecutor's Office on Wednesday unsuccessfully challenged a Judge of the Court of First Instance on allegations of partiality in a money-laundering case involving two suspects.
 
Souliman El Bouzaidi (34) of Belgium and his co-suspect J.W.C. (28) of the Netherlands were both charged with attempted money-laundering. Together, they allegedly had tried to import more than NAf. 207,000 into St. Maarten upon their arrival at SXM Princess Juliana International Airport from Curaçao in February 14, 2014.
 
They had failed to report the amount to Customs, which is mandatory by law. The money was hidden in their luggage, which was an indication the money had been obtained through drug-related crime, Prosecutor Karola van Nie stated.
 
El Bouzaidi was not present at the hearing. Both suspects were released from detention by an Investigating Judge, because they had been held in detention at the police station for too long, and had not been transferred to Pointe Blanche prison within 48 hours, as was ordered. They were both sent home.
 
On Wednesday, Judge Maria Paulides found El Bouzaidi guilty of money-laundering, but only for the amount that was found on him and in his own suitcase, as she did not find it proven that the two men had committed the crime in complicity.
 
El Bouzaidi was sentenced to six months, with reduction of time already spent, and payment of a NAf. 15,000 fine. The money that was found on him was confiscated.
 
The Prosecutor had demanded 12 months, a NAf. 20,000 fine and confiscation of the money.
 
Suspect J.W.C. was sentenced by the Court in absentia to eight months for attempted money-laundering, on November 19, 2014. As he had not been present at the time, he had objected to the verdict, which is allowed by law, and his case was heard for retrial on Wednesday.
 
This time, C. and his two-member defence team were present for the hearing. He was not only represented by local attorney-at-law Shaira Bommel, but also by Dutch top lawyer Cees Korvinus from Amsterdam.
The Prosecutor's Office is holding C. also responsible for money-laundering as he could not provide credible explanations about the origins of the large amounts found in his and in his friend's possession.
 
Both men were out of jobs and on welfare. Notwithstanding that, C. claimed the money he had with him was obtained through the sale of his car rental agency with inventory in Roosendaal, the Netherlands, from which he had obtained 25,500 euros.
 
El Bouzaidi had said he had received US $90,000 to buy two expensive watches in St. Maarten.
 
According to the Prosecutor, the men's behaviour, their incredulous statements about the source of the money and their involvement with drug-related crimes in the past would all be indications of money-laundering.
 
During questioning of the defendant and in what appeared to be a surprise move, Prosecutor Van Nie suddenly challenged Paulides as presiding Judge in this case. In her eyes, the Judge would no longer be able to give an impartial and independent judgement in C.'s case, because his co-defendant had already been acquitted of being an accomplice to money-laundering.
 
Due to the fact that attorney Korvinus would be flying home to the Netherlands on Sunday, and considering that the Courthouse would be closed Thursday, Ascension Day, and also today, Friday, a hastily convened Chamber of Challenges heard the case almost immediately.
 
After a brief hearing and a short conclave, the Chamber, which consisted of three Joint Court Judges, announced it had found no objections against Judge Paulides and her position in this case. As the Judge's schedule did not allow continuation on Wednesday, it was decided to suspend the hearing of C.'s case until August 19.
 
The Daily Herald
 
 
Shaira Bommel is an attorney at law firm Sulvaran & Peterson in Sint Maarten. Cees Korvinus is attorney at law and partner at Korvinus Van Roy & Zandt attorneys at law in Amsterdam, the Netherlands.
 

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