PHILIPSBURG--Minister of Justice Roland Duncan disagrees with a proposal sent to him by the Prosecutor's Office that offered a temporary alternative to the current prison problem and to having to release criminals soon after their arrest. Only non-violent criminals would be allowed to apply for grace or early release.
Chief Prosecutor Hans Mos gave an overview of the proposal in a statement he released last week Thursday: "Awaiting renovation of the Pointe Blanche Detention Centre and the possible extension of prison facilities elsewhere on the island, the Prosecutor's Office submitted plans to the Minister of Justice back in February to alleviate the problems of having to send pre-trial detainees home because of the lack of prison cells.
"In brief, these plans consist of the possibility to order that the new police cells in the police station in Philipsburg are to be considered as a place where pre-trial detention can be executed. At this point in time, this act is forbidden by law, as those cells do not have that formal status.
"We also request the possibility to grant detainees who have been irrevocably convicted and who are closest to their early release date the ability to apply for grace for the rest of their term. This would occur only when and if their places are needed to lock up new pre-trail detainees. In these plans, serious crime convicts or repeat criminals are to be excluded from this possibility of grace."
In response to the proposal, Minister Duncan said, "This is where the public needs to wake up and be realistic. We don't have any cell capacity and if we are locking people up every day, every time we lock somebody up we run into an issue of space. So as far as what has been proposed to me, I am quite proud to say I have not approved it. I am not convinced of the use of it.
"What is the point? We have two choices we could make, if we are to start letting people go. You get arrested and the crime isn't that big, you're out in 24 hours like you see in the movies and you're back on the street again, because it's a petty theft.
"What is the problem? It hurts police morale, because they say: 'Darn it, we just caught this guy and now he's back on the street again?'
"That's chapter 1. Now, chapter 2: we say 'Okay, lock that guy up and let the guy who served five years out of 15 years go.' Heck no. Then I am letting go murderers, rapists and all kinds of weird people who do not deserve their freedom.
"We are in a difficult situation and believe me, we are taking care of it. In addition, the conditions for electronic supervision and early release are already there. If I don't get prison cells, in addition to the regular rules for early release I am going to have to release people even earlier than before. I'm resisting that.
"Yes, the prosecutor believes that is the solution. Yes, the courts are hammering me and saying, 'Listen, if you lock a guy up in that ugly cell at the police station for more than a month, I am going to let him go and I don't care what he did.'
"So the pressure is on us. I can't justify to the community that he or she who has been condemned for 15 years got out in five because we have no space. Soon there will not be a lack of prison space in St. Maarten. I assure you that. That being said, the process is going to require some patience."
When contacted Monday evening to share his thoughts regarding the minister's decision, Chief Prosecutor Mos said, "The lack of prison space is causing violent criminals to be released prior to their trial. The conditions for grace do not apply to rapists and murderers. In other words, I agree with the minister.
"Yet, if we have to let go of individuals for the time being to ensure that there is enough space, it would make more sense to release someone who was put in for embezzlement, instead of releasing an armed robber before his trial."
Mark Bright Robert Schumann Dorset Internet Luis Moreno-Ocampo International criminal justice
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