

I would like to express my shame that an extremely expensive force is being “appointed” for a few months during a pandemic, in a small country where more than 60,000 food parcels have been distributed, where people are fed daily through charity and private organizations. where people are still without water and where children, partly due to the dire poverty, have fallen behind because many cannot participate in online lessons.
We live in a country where this government places most of the blame on the increasing positively tested people on the population, and that while you as a government are still unable to trace people.
What a disgraceful government you are all, especially because many of the ministers still allow themselves to be photographed without masks while you are imposing this on the community. You are acting irresponsibly.
Josef Martina
Curaçao
Dear Editor,
Hugo de Jonge as Dutch Health Minister needs to review the way responsible care is delivered by his civil servants from the ZVK (Care Insurance Office) on St. Eustatius and Bonaire. As a recent patient in need of support from these offices, I was treated with a lack of empathy, flexibility and communication skills.
Diagnosed with acute appendicitis, I was faced by a life or death situation. The St. Eustatius hospital – with immediate consent of my Dutch insurance company – swiftly organised an air ambulance bound for Bonaire and an urgent medical operation.
When it came to my return to St. Eustatius, it was suggested to me by several knowledgeable people on St. Eustatius and Bonaire to contact ZVK. It was a reasonable proposition. The ZVK operates two direct medical flights per week between the two islands and as a Dutch pensioner, resident and taxpayer, I thought it would not be unreasonable to ask for this service paid for by taxpayers’ money. Furthermore, I was prepared to pay for a seat on one of their sizeable planes.
Previous non-ZVK patients were granted this favor. Why not me?
“No!” came back the email from a dispassionate officer inside the ZVK Kralendijk office. This bleeped response was not accompanied by any explanation or sensitivity for my situation.
I then turned to the crisis management “adviser” on Statia whose typical civil service advice was to ignore my crisis and deflect the problem higher up the chain to the Ministerial Czarina for the ZVK on Statia.
And now the crunch: “I am not involved with individual cases,” this unfeeling and dismissive Dutch Mandarin informed me.
So much for responsible care! Instead of a two hour flight to recuperate at home on the Historical Gem, I was obliged to spend a painful two week journey back via Curaçao and St. Maarten with all the inconvenience of infrequent flights, COVID tests, hotel and restaurant bills not to mention eventual quarantine.
Given that Hugo de Jonge is a Christian Democrat, I am tempted to exclaim: Jesus wept! However, a choppy meteorology discounted a walking back to Statia on water.
This is not the first time that the ZVK has been criticised for lack of responsible care and false economy. Over the years, the ZVK has squandered many millions on delaying the return of many Statia patients treated in Colombia and other medical destinations – if only to save a few nickels on cheaper flight tickets. Some patients have nearly expired before repatriation.
My lesson for ZVK and its Minister de Jonge is to rely on personnel who are prepared to listen, care and respond accordingly. The skies of Statia are punctured by parachuted administrators from the mainland whose talents, experience and qualifications are rarely pre-checked even at the highest levels.
As a Dutch taxpayer, I expect the State to work at the service of the individual and not the reverse. I shall take this matter further since it displays a complete lack of flexibility, communication skills and more importantly responsible care.
Chris Russell
Dear Editor,
While we all sit in freneticism of the ongoing pandemic, many of us are urging to return to normalcy. However, the reality makes it clear that what was normal will never be normal again.
As we gradually get into this new routine of “normal”, where protocols have been implemented at the various establishments, one that seems to be hanging with a huge grey cloud over its head is the reopening of schools. A fearful reality for some, whilst a Halleluyah for others.
Whilst many school boards have reopened based on what they deem as the fair and safest way to do such, the question remains as to how much input the Minister of Education has into enforcing that indeed it is the safest way, taking into account the necessary precautions that are required island-wide by every other establishment.
It is baffling to imagine that the public expect schools’ on-site staff to be able ensure that COVID-19 will not be a part of the environment. Furthermore, whilst some boards have taken the precaution to accept their students on a 50/50 alternating basis, unfortunately there are other boards who have blatantly chosen to receive all students per class on their school premises, classes comprising 24-30 students in many cases. People, do you really think that the manpower of a few teachers versus hundreds of students can oversee the social distancing and constant handwashing of its pupils, especially to a group that is in the phases of learning to “follow instructions” and “follow routines”?
Additionally, the matter of mask-wearing, whilst some may disagree that students should wear masks, the reality is that many students, as old as high schoolers, even adults at times, cough, sneeze, some even “hawk up” cold, without covering their mouths. Furthermore, though students (at primary level) are considered not to be a target group for COVID-19, however can be carriers, what about their teachers … who cares for them? Does the government, the boards, the parents? What happens when an onsite staff member contracts COVID-19 due to loosely implemented COVID-19 safety protocols?
Now let’s analyze some possible school facts.
Unlike many establishments, where the Covid-19 Safety protocols may be manageable, a school houses its students for 5-6 consecutive hours, simultaneous populations of minimum 100 students at a time. And, yes, whilst other establishments are able to implement and enforce the social distancing, the mask wearing, and the handwashing, have we really thought about what this means for a school environment in St. Maarten per se?
Social distancing:
How many students can actually fit in a classroom, whilst adhering to the 6-feet social distancing guideline?
Can they have actual interaction, other than talking, with the mates? What does a recess look like? Do you really believe it is a social distanced one?
Mask wearing:
Students and teachers should wear masks all day. No wait, students should not be required to wear masks, they are not susceptible, but can be carriers. No wait, the students should wear masks, they are the potential carriers, excuse the teacher, they practically use their mouth (for 5-6 hours a day). No wait, neither should wear mask … the endless discussion of the school mask wearing protocol.
Now some “in the kitchen” facts. In using the mask, constant verbal repetition is most likely the new normal, the “say it again” syndrome. Students can’t hear the teacher well because of the mask, teachers can’t hear the students well because of the mask.
Now let’s say the students were to wear no mask. Little Johnny, whose parents are so busy, they really have not had the time to teach Johnny to wash his hands or cover his mouth when sneezing or coughing. Little Johnny sneezes, droplets reach the teacher’s chair, teacher reflectively turns around and says, “Johnny go wash your hands,” not realizing that she touched her chair handle where the droplets may have reached.
And like this, many other scenarios exist.
Handwashing:
Whilst onsite staff work tirelessly to ensure that the guidelines are followed, in addition to pushing a curriculum, the truth is that in order to implement handwashing, a regular supply of water, soap and paper towels is needed. Do the boards really have the monies to continuously fund it? Hmmmm … .
To the Minister of Education, whilst it is obvious that there is no law that requires the abovementioned safety guidelines in order for schools to be open, the reality is that schools are a nesting-ground for any contagion. And whilst some tend to make it seem like everything is under control, the truth is obliviously obvious.
Your responsibility is to safeguard all stakeholders within the education, and ensure that the safety protocols are being enforced at all times at all schools. Your task is to hold every board accountable for their actions and infractions, if any. Your task is to make a legal decision that holds everyone accountable, school boards, administrators, teachers, and parents! Put it in black and white, now!
Additionally, the FbE [Foundation Based Education – Ed.] exams for all group 8 students should be cancelled and that should be made known now. What mental state do you think teachers and students are in to really understand and remember concepts, whilst being in constant fear because of COVID-19 and constantly having to remember to hand-wash and wear masks. Allow time for schools to devise a remediation plan for when the students are placed in high school.
To the school boards, your task now should be to ultimately safeguard your teachers; if your teachers are well, trust that your schools and students will be well, too. Implement the safety protocols as they should be done, not because you are going to eliminate the possibility of COVID-19 spreading, but to minimize it. Safeguarding your teachers’ mental wellbeing, it is a real thing.
Remember, your teachers are the ones who have bent over backwards to ensure that all students were given the possibility to continue their education since March 18, and are still doing so, and chances are, with minimal to no materials provided by you. Whilst many were on lockdown, education never stopped, at the expense of the teachers’ mental health. With extra added demands and complaints from everybody, but many knew not the weight or the value of the task that was and is being fulfilled.
To the parents, teachers want schools to open and remain open too. Online classes were not “another vacation day” for a teacher. As a matter of fact, it was the teaching load seven-fold, added with complaints and demands from every possible angle.
To the general public, it is your duty, our duty, to do our part in order to mitigate the spread of COVID-19. Enough of the blame game! Teachers didn’t ask for this. Teachers are doing their best with what they are given! Teachers are at the bottom of the command chain, they are merely following orders from above (unfortunately at times). Teachers love your children and by extension you. BUT, teachers are human beings too, with families of their own, fears of their own, and concerns of their own. Give them some grace and respect, they never stopped having your child’s best interest in mind, despite the crappy treatment they receive.
Let us hold hands in harmony and battle this pandemic, whilst taking care of our fellow brothers and sisters, teachers included!
A teacher, a parent, a civilian, a human being
Name withheld at author's request.
Dear Editor,
Nowadays there are three topics that dominate the news: Donald Trump's behavior, COVID-19 and the financial aid for St. Maarten as a consequence of COVID-19. And then there is what has become normal for several years now: the questioning, arrests and indictments with or without convictions of government employees and/or politicians.
I believe that I have mentioned this before also, but Dutch politicians in the highest offices for years now have also been accused of criminal wrongdoing and also convicted. A few months back someone showed me a list of the names of 21 members of a certain Dutch political party who between 2007 and 2015 were convicted for bribery, driving under the influence of alcohol, embezzlement, fraud, manhandling, money-laundering, tax evasion, tax fraud, and more So, yes, politicians from Holland also are known to be bandits and corrupt.
I will never say to anyone that he or she must not defend themselves.
The difference between the politicians in Holland and the Antillean politicians is that the politicians in Holland when they are caught, accept the fate and take French leave. Our politicians try to defend themselves up to the highest court in the Kingdom, and even leave themselves without an ace in the hole, even though the majority of them end up being convicted, so that most of the people who were not aware of what was happening in the beginning eventually read about the whole saga at the end.
All of this contributes to the fact that “Do what I say” is no longer effective while correcting children. Along with that as a consequence of modern technology (cell phones) more people physically see what is taking place as it is happening, so more and more the youth are following what they see. We take the bible out of our schools, but we go out of our way to engrave and print “God zij met ons” and “In God we trust” on our guilder and the US currency.
Why is that not hypocrisy? Children taking their parents to court for inappropriate scolding. When this is permitted by law, is this not also hypocrisy? Is not the government stopping the parents from loving their children? The last time I read Proverbs 13:24 in which it is written that he who loves his son disciplines him promptly and if you hate him you spare the rod. The GNT reads “If you do not punish your children, you don't love them. If you do love them you will correct them promptly.” In Dutch “Die zijn roede inhoudt haat zijn zoon, maar die hem liefheeft, zoekt hem vroeg met tuchtiging”.
So, can I come to the conclusion that the Dutch do not really care about us when for years they have employed “laat ze maar rotzooien”, which would coincide with “die zijn roede inhoudt, haat zijn zoon”?
I have been asked several times if I do not like the Dutch and my answer remains I do not condone wrongdoing and I have a problem with accepting hypocrisy. I believe that if one teaches me anything but solely wants me to use it to his/her benefit, then there is something wrong there. Which boils down to “voor wat hoort wat”. What happened to “Doe wel en zie niet om”? A lot of good can be done in this world, why do we go out of our way to do that which is not good?
Russell A. Simmons
Dear Editor,
My wife and I were prosecuted for over ten years by the St. Maarten Prosecutor’s Office in the so-called “Bumo” case. During all this time and even despite the fact that the reporter Mr. Hilbert Haar, Chief Editor of the then Today newspaper, wrote and published in excess of 50 very negative and factually largely incorrect articles about my wife and I, we never went public. This decision was based on a firm belief that legal cases are fought in court and not in the public media. Our decision was also based on respect for and trust in the St. Maarten court system.
Much has happened ever since.
Ultimately, seven of the eight charges brought against us by the St. Maarten Prosecutor’s Office were dismissed by the Court of Appeals. What remained was a sentence for not having filled out a tax return form correctly. Therefore, we received a fine and community service. Mind you, the tax return form in question was filled out and submitted by a European Dutch accountant – a professional and previous employee of the St. Maarten Tax Inspectorate Office, whose independent services years after his tenure with the St. Maarten Tax Inspectorate Office were contracted to file same taxes correctly. This specific matter is now subject of cassation with the Supreme Court in the Netherlands. For us, it’s at the end of the day also a principle matter.
After thoroughly considering all matters, with ample experience gained over the last 10+ years, also a much better understanding of how our Courts and the stakeholders/organisations within the justice system function, complete silence exercised by us in the past is simply no longer a realistic or sensible option. Openness and transparency are needed to try to prevent repeated structural misuse of powers by those with prosecuting authority. As a member of the St. Maarten Parliament and a St. Maarten man designated by a large group of St. Maarten citizens to represent the interest of St. Maarten, I moreover owe all constituents an explanation.
To understand what is presently going on we have to go back to the Bumo case.
Several severe violations by the Prosecutor’s Office in the Bumo case, the court’s records show, and I challenge the Prosecutor’s Office to disprove any of the following statements, that during the Bumo case the following severe violations were committed by members of the Prosecutor’s Office and/or the Kingdom Collaboration Team, popularly known as RST:
A. A prosecutor took and used confidential information during a house search and, when confronted with this violation, initially denied everything trying to hide matters;
B. The Prosecutor’s Office vehemently tried to prevent the prosecutor in question to be heard under oath by the judge of instruction, on irregularities committed during the investigation;
C. A member of the RST made up a statement, which had to be made by law expeditiously after a certain event, five months thereinafter. Worse, she used the content of statement of a European Dutch technical assistant and investigator working for the St. Maarten Inspectorate of Taxes, to draft her own statement and to make sure that the stories were coordinated. This all was corresponded in writing with the prosecutor who supervised, and as such was very much aware of all these activities. It happened under her watching eye;
D. When the Court finally permitted the interrogation of the prosecutor and also of a member of the RST, the truth became apparent, namely that not only were several violations committed, but that they seriously tried to shove them under the carpet;
E. The prosecutor was subsequently removed from the case by the back then chief prosecutor and not too long thereafter, returned back to the Netherlands;
F. The member of the RST transferred to Curaçao;
G. Nobody was, however, held accountable, let alone punished, for anything;
H. A hearing by the judge of instruction of an accountant who gave tax advice and filed tax return forms was interrupted, as per the request of the Prosecutor’s Office, to allow this accountant to go back to his files and get the pertinent required data. However, immediately thereafter and before this accountant could be heard again by the Judge of Instruction, members of the RST approached and interrogated the accountant separately. The result: a vague and unclear statement and we never got the opportunity to finish hearing the accountant by the judge of instruction, because the accountant shortly thereafter left to the Netherlands.
After approximately six years of being allegedly investigated, during which time my wife voluntarily stepped down as a minister and wasn’t able to apply for various functions because of screening, my wife took the initiative and challenged the Prosecutor’s Office in Court to either put up or shut up. The Court gave the Prosecutor’s Office a short deadline to, if wanted, file charges and the latter rapidly filed eight charges. This, following obviously barely any and also such a corrupt investigation.
During all this time, the good name and reputation of my wife and I as St. Maarten citizens and public servants, were, however, seriously disparaged. The Today newspaper most certainly didn’t devote 50 articles to correct our good name and reputation after the verdict of the Court of Appeals – more explicitly, to explain that at the end of the day we were found guilty of having filled out a tax declaration form incorrectly because of a very technical interpretation of whether or not something constituted taxable income, an interpretation for which my wife did not only seek and pay for professional tax advice, but concerning a tax return form that was filed out and filed by the same accountant.
Why a new investigation?
Buncampers must be found guilty of something. How else does the Prosecutor’s Office justify intensive investigation, multiple house searches and a lot of investigative measures, all during a time span extending 10 years and certainly all with heavy price tags – this, to also accommodate the lifestyle of the European prosecuting bodies on St. Maarten?
In April 2018 it was already pretty obvious, specifically because of various witness statements from experts who testified before the judge of instruction, that the verdict of the Court of First Instance would be reversed by the Court of Appeals. It should as such not come as a surprise to anyone that the Prosecutor’s Office decided to in that month commence a new investigation against my wife and me. The new investigation was, however, started by the Prosecutor’s Office in Curaçao and was this time led by the TBO – thus not the St. Maarten Prosecutor’s Office, not even the RST and certainly not the St. Maarten National Detectives Team.
I’m in possession of emails wherein the St. Maarten Prosecutor’s Office states that this isn’t their case, but a so-called TBO case. Thus, whilst the government of St. Maarten didn’t file any charges against me, a TBO prosecutor in Curacao decides to start an investigation on me in July 2018. The irony of the matter is that he subsequently tried to justify this investigation by referring to so called “tips” received firstly in August 2018.
Check the dates, people. I have the above in writing from them.
As a civil servant back then, the normal procedure would have been for the National Detectives to conduct and in any case lead any investigation. This has always been the norm, but norms must give way to preconceived purposes: “targeting opinionated St. Maarten people, certainly leaders.”
Problems and fires on the St. Maarten dump
For 15 years (from the year 2000 until 2015), a St. Maarten company that is the daughter of a large Dutch multinational managed the dump. During that time there were several fires on the dump and large ones in 2011 and 2014. During that period the fires regretfully even cost people their lives. I, however, never saw the Prosecutor’s Office investigate anything. Why should it? The dump was being managed by European Dutch people who always acts correctly … right?
In 2011, government representatives met with members of the St. Maarten Prosecutor’s Office at the Governor’s office. The St. Maarten Prosecutor’s Office went its merry way thereafter, as there were no extra budgetary monies to do anything additional at the landfill and everyone acknowledged that nothing more could be done without funding.
In 2015 the St. Maarten government held a public tender for the management of the dump. This time the locally owned company Robelto & Son won the bid. Its offer was at least NAf. 1.5 million lower than the other one of the same daughter company of a Dutch multinational. However, now that locals managed the dump for nota bene significantly less money than what the European Dutch wanted, the exact same problems for years at the dump were suddenly rooted in corruption. This is self-evident or isn’t it? … This sudden obvious corruption in any case required another round of intensive and expensive investigation.
So, it came to be that in April 2018 during the presentation “The way forward” about the dump and waste handling in St. Maarten, the St. Maarten Prosecutor’s Office in its presentation started alluding to criminal activities ongoing at dump. No stone was subsequently left unturned in an effort to substantiate this statement.
I had to be investigated because the Prosecutor’s Office claims that the tender procedure won by Robelto & Son, that once again bid a whole NAf 1,500,000 lower per year than the daughter of the European Dutch multinational, was rigged. I profited therefrom because the accountant firm of my wife rendered independent accounting services to Robelto & Sons and my son worked for a while for this company.
The Prosecutor’s Office is, however, in possession of a whole lot of seized files and documents that all clearly show that both my wife’s accounting firm and my son worked hard for their keep. How I profited, or could have profited, from their sweat and hard labour, remains elusive. But then again, are St. Maarten people nowadays even entitled to earn a decent living on their Island? Or should all jobs and nice assignments continue to exclusively go to European Dutch companies and firms?
Mind you, until this day I have to yet learn or understand how the Prosecutor’s Office thinks that I could have realised that the bid was won by Robelto & Sons. It’s unclear to me if it even understands that there is a Council of Ministers that decides thereon as per advice from the Secretary General of the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI, which decision is subsequently sent for approval to the governor. Somewhere, somehow, I nevertheless magically controlled the minds and decision-making of everyone involved.
The Prosecutor’s Office clearly realises the weakness, not to say ridiculousness, of its assertions, because it decided to lay down more anchors – this, by also claiming that I profited from the bid awarded to Robelto & Sons by not exercising the correct governmental control and supervision on their works; that responsibility is suddenly exclusively vested in my person.
This all whilst it’s clear as day that exactly same governmental control and supervision was always exercised, thus also during the 15 years tenure of the daughter of the European Dutch multinational. But back then this governmental supervision and control was adequate. More so, all stakeholders including the Prosecutor’s Office established in 2011 that nothing more could be done without significantly more money that St. Maarten clearly simply didn’t have. Speaking of double standards …
Since my wife and I were once again both suspects, considering what we experienced the first time around when being investigated and our codified right not to have to testify against one and other, we repeatedly asked the TBO prosecutor to be questioned by a judge of instruction – this, instead of a member the TBO. We also asked time and time again, lastly in February 2020, to hear all the other suspects or so-called witnesses before the same judge of instruction in an open and transparent manner.
The TBO prosecutor, however, structurally rejected these requests, without, by the way, giving any reason – certainly, no plausible reason was ever given.
Request to prosecute me as a member of the St. Maarten Parliament
The same TBO prosecutor, now with the hat on as the designated representative of the attorney general, adopted the standpoint that I cannot see absolutely any document in the investigation that his office has allegedly been conducting from April to July 2018 and as such, for over two years.
I must now defend myself as a St. Maarten parliamentarian in the procedure wherein the Court of Appeals will decide if I can be prosecuted, without insight into any of the investigating documents, with exception of the generic so-alleged summary report made by the TBO. There is no way even for me to check if what is stated in the, by the way, very brief summary corresponds with what witnesses (names mentioned) said or didn’t say.
This, whilst a few persons approached and informed me that they had been questioned by members of the TBO, who told then in no uncertain terms that unless they testified in a very specific manner, tax charges would be brought up against them, and they would be made a suspect or even possibly arrested. One of these persons had his lawyer confirm same to the TBO officers (prosecutor), which confirmation not surprisingly remained unanswered until this date.
The other one, who also happens to be a suspect in same investigation, apparently decided to say after approximately six previous statements to the TBO that he gave me a bribe. The same person, however, consistently stated to other persons, and luckily some are coming forward, that he never gave me a dime, but was unduly pressured in stating that.
Still, the prosecutor/substitute attorney general refuses to have everyone heard by the judge of instruction.
Worse, he refuses to give me access to and insight into absolutely any document or alleged finding of the “investigation”.
Great was my surprise and dismay when the presiding justice of the Court of Appeals Committee, who handles my case, decided to honour the request of the prosecutor/substitute attorney general not to give me or my defence attorney absolutely any, but any, data.
Consequently, I am the only person with a public function with authority in the Dutch Caribbean islands whose prosecution is being sought, who has absolutely no access to anything in the so-called investigation file but is still expected to defend himself against the unknown.
The other great irony in this matter is that when firstly asked by the same presiding justice why the prosecutor/substitute attorney general doesn’t want me to have access to the file, “investigation interest” was stated by prosecutor/substitute attorney general as the reason. Be aware, same prosecutor/substitute attorney general started contending suddenly and after more than two years of alleged investigation that he needs more time to investigate me. That begs the question why then already demand to prosecute me if you apparently need more time to investigate me?
When asked, again by same presiding justice, how long he would need to finish investigating me, the prosecutor/substitute attorney general said one week. Nevertheless, approximately three weeks thereafter, at the end of July 2020, his request to withhold all documents from me was honoured by the presiding justice.
Supported by also expert legal advice from the Netherlands, I thereafter asked the presiding justice to recuse herself from the case because of an obvious lack of impartiality and because she had during the process steered too much in the direction of the prosecutor/substitute attorney general – also, because our legislator only sanctions withholding certain specific data, and not the whole file.
My request was denied by the Court of Appeals that, although the law allows for me to file same request even during an ongoing hearing, deemed that it had to be filed immediately after the presiding justice took the disputed decision at the end of July 2020 and not two months thereafter. The Court of Appeals, moreover, redundantly stated that it would not have honoured the petition anyway, because it’s basically impossible to state that a justice is not impartial, based on a preliminary decision taken during a decision. I was also told that it was not apparent that the disputed decision could ultimately negatively impact the outcome of the case and/or reflect in any way, shape or form, on the final outcome thereof.
My arguments, that:
A. The decision of the presiding justice is not a preliminary one, but a final decision in a closed hearing procedure;
B. There will possibly not be another procedure if prosecution permission is not granted; and
C. The consequence of that decision, namely me having to defend myself against the unknown, is very severe and also as such most certainly reflects on the case and the possible outcome thereof,
were all basically immediately dismissed. Actually, they didn’t even warrant a motivated reaction, because none was given.
A new hearing was scheduled in my case for November 13, 2020, a full four months after the prosecutor/substitute attorney general stated that he only needed one week to allegedly conclude his investigations. Both before and during the hearing, I asked for at least a blackout version of the investigative file and I also asked the presiding justice of the Court of Appeals Committee to confirm whether or not they would be possibly using the content of documents completely unbeknownst to me in their decision making.
The presiding justice confirmed on November 12, 2020, that the Court of Appeals would, if desired, use the content of documents that are being withheld from me for decision-making. The same presiding justice furthermore refused my renewed request at the hearing for access to the file and thus data and even for a file wherein the prosecutor/substitute attorney general blacks out matters that he doesn’t want me to read.
I was told that the one week that the prosecutor/substitute attorney general at the hearing of November 13, 2020, termed a “fictive” week, was one week after the Court of Appeals takes a decision on the request to prosecute me – so, in reality, an indefinite period of time that in theory could range from days to years, not a pre-set amount of time, calculated considering the time needed for performing alleged specific investigation actions.
Talking about the rigging matters….
The presiding justice also stated that from inception the prosecutor/substitute attorney general had requested for one week until after decision-making by the Court of Appeals, meaning, in short, that I am under no circumstances, even if the alleged further investigation is concluded before the hearing, to get access to the file before the hearing. Also logically meaning that under no circumstance will I have the opportunity to learn the content of documents that can be used in the decision-making against me, before my hearing.
By the way, it was as per the presiding justice obvious that this was what the prosecutor/substitute attorney general had requested from inception, because that was also written subsequently by same presiding justice of the Court of Appeals in a report on the first hearing.
Whilst that piece of information that it was indeed written is correct, rest assured that this statement was never made. Instead the prosecutor/substitute attorney general was too busy during the first hearing back-pedalling on his statement that none of the lawyers of the other suspects in the case had ever requested any data in the years wherein the investigation was conducted. The back-pedalling and factual misrepresentation started after I told him that the attorney of one of the other lawyers with whom I had met the day before, showed numerous requests to same prosecutor/substitute attorney general for receiving a copy of the file and was told that such was regretfully delayed because of technical, apparently COVID-19-related issues.
Obviously, this blatant misrepresentation of the facts also didn’t prevent the prosecutor/substitute attorney general from getting his request not to give me access to absolutely anything honoured, back then and again on November 13, 2020, by the presiding justice.
On November 13, 2020, I filled a new request for the presiding justice to recuse herself because of impartiality – this time, specifically in view of her decision to have the leeway to use information unbeknownst to me, in the decision-making in my case.
All I’m asking for is a fair chance to defend myself against a 23 million yearly funded Dutch government pet project to lock up the St. Maarten public servants and St. Maarten people.
Maybe, I should also file my complaint at the Integrity Chamber and see what will roll out of this one.
May God watch over our people in the police state wherein we are living.
Claudius Buncamper
Member of Parliament of St. Maarten
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