PHILIPSBURG - In a series of articles, The Daily Herald investigates who the main characters are in the Justice System on Sint Maarten and what exactly their roles entail.

 

Everyone in St. Maarten is familiar with the Courthouse: a quaint, historic building that brings back sentiments of the olden days and sees tourists posing for photographs. It is hard for these tourists to fathom that this is not simply an historic landmark of an island they are visiting for a day or a few weeks. And even many residents of the island do not know much about what goes on inside and who the people are around whom the Courthouse revolves.

 

Jacobus (Koos) van de Ven is a judge. In court, he can be seen sitting on the judge's chair, wearing his long black gown and white cravat, listening to lawyers and the Prosecutor, questioning the accused or looking through case files.

 

Judge van de Ven started his job on the island on August 1. Before that he was a judge in Amsterdam. He completed his law degree at the end of the 1980s, an economically different time to find employment.

 

An associate invited Van de Ven to join a group of independent lawyers who were starting their own practice. As he had developed specialisation in administrative law, he was a welcome addition to the multi-skilled team.

 

Van de Ven described himself as more of a decision-maker than a lawyer. He enjoyed investigating complicated cases and finding the spaces within the law where a lawyer can score points for a client. He also enjoyed the dynamic aspects of the job and meeting different people.

 

However, as a self-employed lawyer he worked long hours and six or seven days a week. Although he enjoyed his duties as a lawyer, he wanted more time outside of work, and to be able to travel on holidays. He also wanted to develop his strength as a decision-maker.

 

Initially he believed that judges were "a bit strange." "I saw them as distant people who were difficult to read. It was hard to figure out what sort of people they really were," he said.

 

He decided to test the waters and became a legal expert in the courtroom. As a legal expert, he had to support the judges in complex administrative cases, act as court recorder and write concepts for verdicts. He enjoyed the challenges of researching complicated cases and spent five years dealing with complicated aspects of media law or construction cases.

Van de Ven was ready in 2002 to take the next step. Still in Amsterdam, he became a judge, alternating between administrative and criminal cases. This gave him the opportunity to be more involved and to take a more active part in the decision-making process.

 

He now reflected on the distant side of judges: "In the past, society was a lot more authoritative. People would accept a judge's verdict without question. Society has changed. Everything is open for discussion now." He realises a judge needs to keep his distance because he has to be objective, to be free to give a verdict on people without being hampered by closeness or a connection with the accused.

 

Van de Ven maintains a distance and upholds formality when he is in the courtroom. "Everyone has the right to a fair chance to explain his point of view. Every person feels and experiences matters differently. As a judge I try to figure out, who is the accused? What is his background? I have to look at everything objectively."

The evidence has to be lawful and convincing. By the time a case comes to court, the legality aspect often is not hard to meet. By this time, the Prosecutor already has looked at a case and decided it meets the criteria to come to court. The evidence also has to be convincing.

For this, it is important that the judge investigate all aspects of the case. "It's like a puzzle," Van de Ven said. "All the pieces have to be considered. I read the complete file. Was the suspect present at the time and place of the crime? What really happened? It's an analytical process. What information can I accept as being correct?

 

"At the end I normally have a clear view of what happened. Then I have to take the next step, the decision. That's when things really become interesting. I listen to the explanation of the accused. Sometimes he gives a different version of events. Sometimes this version can be valid and survive alongside the statements given by other parties.

 

"At the end I have to withdraw temporarily, to consider. If the answer is not immediately clear and the verdict can go two ways, I take three weeks to decide the verdict. It'll be in the back of my mind. Then suddenly, it's as if the light comes on. That could happen at any time – when I'm brushing my teeth perhaps."

 

Van de Ven explained how his job impacts him. "It's a very special job, of course," he said. "But in the end it is a job. You get used to it, just like any other job. You have to look after yourself though. You have to be fit and well groomed. You have to be capable of concentrating all the time, and there is a lot of reading."

 

A judge also has to be prepared for being confronted with the ugly sides of society. He has to listen to detailed accounts of cruelty and violence, see photographs and read accounts of unspeakable violence.

 

"Really terrible situations do have an impact," Van de Ven said. "I have had tears in my eyes whilst reading a file. Sometimes I'm shocked. It's an emotional reaction. You give yourself a minute, take a deep breath and continue.

 

"Photos say a lot. They can stick in your head, especially in case of a death. That's very sad. It's the end. In public sessions, I don't often show photographs. There's something intimate about that, a certain vulnerability. It's about maintaining someone's dignity even if they are dead.

 

"In the courtroom I'm normally very composed. But I've been in courtrooms where everyone had tears in their eyes. Can you arm yourself against that? I think not. But as a judge you should try and avoid it. At that moment you have to make a judgement, give a verdict. You can show sympathy, but that should be it."

 

Over the years, Van de Ven has realised his wish to travel more. He fell in love with Brazil, a country he has visited nine times, and speaks the language. "I considered buying a house there and moving to Brazil," he said. "I even considered becoming a lawyer there, but that would have been a big challenge."

 

He then saw an advertisement for a vacancy as a judge in St. Maarten and decided to apply.

 

Judge van de Ven took up his position as criminal law and administrative judge for the island in August. "There are some big differences between being a judge in St. Maarten and the Netherlands," he said. "The law is more extensive in the Netherlands, with more articles, especially in administrative law. It's hard to keep track of changes and easy to get lost in legislation.

 

"Another difference is that in the Netherlands, in criminal cases, if a person can be imprisoned for more than a year, the decision is taken by three judges. In St. Maarten, I decide on my own. It makes the responsibility bigger.

 

"It's not more difficult, because you are a decision-maker. But of course, if you have to sentence someone to long-term imprisonment, it can be a difficult decision to determine the length. It has to fit the crime, but also the circumstances. I think about that decision for a while before taking it, look for similar examples.

 

"Imposing a very long imprisonment always gives me a specific sort of feeling. Every story is different, but it's always tragic."

St. Maarten is a young country, still in the process of being developed. There is space for filling in the details, laws are still being developed. A draft for a new criminal code that is a modernisation of the old one was published recently. There is still room for pioneering.

 

"It brings additional challenges. For instance, there are no facilities for 'ter beschikking stelling' (a court order for treatment in a secured hospital). This restricts the options for a judge. There's no guarantee that a disturbed person will be any different after they come out of jail. It is difficult, as the state is responsible for people's safety and welfare."

 

The judge further mentioned that his profession was changing. "Judicial jobs used to be held mainly by men. Now, more than 60 per cent of judges are women. The older female judges have had a battle on their hands; they have experienced a wave of emancipation.

 

"Now I hope that the office of judge will start to reflect society more. It's important that opportunities in the judicial world are available to people from all backgrounds. That's the next wave to come. It just takes time. It's difficult in St. Maarten, because of the language. A prospective judge needs to speak sufficient Dutch. But it will happen. It's just a matter of time."

 

When asked what he saw as priority for St. Maarten, Van de Ven was clear. "Youth affairs are incredibly important, and something that the island of St. Maarten really embraces," he said.

 

"Unfortunately, there are insufficient detention possibilities for youths. The island needs a place where they receive the correct support, can be educated in social skills in a setting and in a manner appropriate to their age. We should really have a separate detention facility for youths.

 

"Fortunately, we now have a Youth Prosecutor, so things are improving. Some youths have really had a difficult life. They need support in an appropriate manner. If I could name one priority, youth justice would be it."

 

(The Daily Herald)