PHILIPSBURG--Three Romanian men accused of membership in a criminal organisation and "skimming", fraudulently withdrawing money using forged cash cards, were released from their pre-trial detention as an indirect result of the failure of two banks to send details to the Prosecutor's Office. The men were arrested on July 12.
The case against them was held until November 13, but as their pre-trial detention was due to end on November 5, the prosecutor had asked for an extension of the detention. This was denied by the judge.
As insufficient details had been available to issue an ordinary summons to the defendants, a temporary summons had been served. However, it was pointed out in court that a temporary summons should only be served after an ordinary summons had already been served.
This, however, was not an option, as RBC and Windward Islands Bank, which had been sent an official request for the information on July 29, had not yet handed over the information. As a result, there was insufficient information to serve the regular summons.
The men's solicitors asked for the men to be released for a variety of reasons, varying from the fact they did not speak Dutch, to the fact they owned businesses and had families. The lawyers also believed there was insufficient evidence against their clients.
The judge released the men from pre-trial detention based on the fact that, at this stage, there were insufficient grounds to suggest that they were involved with a criminal organisation. The prosecutor had announced that a charge of whitewashing would be added to their case. Had the banks honoured the request for information, the case could most likely have been heard today.
As it stands, the suspects were released. It is only when the case comes to court on November 13, that it will become clear if the suspects attend their trial, or if it will be heard in their absence.
