Revolving door immigrant sentenced to three months

POSTED: 04/19/12 12:16 PM

St. Maarten – Apart from revolving door criminals, St. Maarten also has revolving door immigrants. One of them, Kevin Royston Smith, received a decree on January 10 of last year that denied him access to the country for three years. On June 19 he was back on the island; he received a conditional dismissal from the prosecutor’s office. On February 18 of this year he returned once more illegally to St. Maarten. Five days later he was arrested in the possession of drugs.
For this offence, the prosecutor’s office served him a fine before handing him over to the immigration department. There officers found out that he had given a false name. That resulted in new contacts with the prosecutor’s office, where it was established that Smith had violated his ban to enter the country. On March 9 he was served with a summons to appear in court.
Attorney mr. Brenda Brooks considered the summons void because her client had not signed for it. The fact that he had shown up in court on March 14 does not change this, she said.
“He did not appear voluntarily, because he was brought in handcuffs by two police officers.”
The attorney asked the court to declare the prosecution inadmissible because it had abused its power by serving a summons to a suspect in immigration detention.
“My client had already a ticket for his return to Guyana. He would have been gone if he had not been held longer.”
Prosecutor Mr. Bart den Hartigh pointed out that his office has no authority over the immigration department.
“Immigration wrote a report about the false name and submitted it to the prosecutor’s office. Immigration decided independently that the defendant was not allowed to leave. It is correct that he has been brought to court, but he could have refused to appear.”
The prosecutor demanded a 3-month prison sentence against the absent defendant.
Judge mr. Monique Keppels rejected the request to void the summons or to declare the prosecution inadmissible, and followed the prosecution’s demand.

Did you like this? Share it:
Revolving door immigrant sentenced to three months by

Comments are closed.