Defendant ducks execution of suspended sentence

POSTED: 10/27/11 12:29 PM

St. Maarten –Nashon Francis, a 27-year-old who is currently serving an 11-year prison sentence for three armed robberies he committed in 2008, ducked a demand by the public prosecutor to execute the suspended part of an earlier conviction yesterday in the Court in First Instance.
When Francis committed the armed robberies in 2008 for which he was convicted in September of this year, he was still on probation for a 2006 conviction that netted him 6 years in jail. Of that sentence, 2.5 years were suspended, and the public prosecutor’s office asked the court yesterday to execute this verdict.
Prosecutor mr. M.L.P. Ridderbeks said that there is no irrevocable verdict yet against Francis, because he went in cassation at the Supreme Court “The question that remains is whether the defendant misbehaved during his probation. What do you think?” she asked Francis.
The defendant answered, after a brief consultation with his attorney mr. B.B. Brooks, “I did not misbehave to my knowledge.”
Brooks said that new offenses have to be committed within the probation period. “And there has to be an irrevocable verdict. The second condition is not met.”
mr. Ridderbeks said that the only relevant question was whether Francis had misbehaved, but mr. Brooks disagreed.
Judge mr. M. Keppels rejected the prosecution’s request. “There are three grounds that justify the execution of a suspended sentence. There has to be an irrevocable sentence, the defendant must fail to comply with the special conditions or he has to misbehave in another way. The latter does not become clear from the file.”

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