Wednesday, January 25, 2012

Court of Appeals confirms human smuggler?s conviction

PHILIPSBURG--One day after his 65th birthday on December 29, Erol Montgomery Bolan heard the news that the Court of Appeals had confirmed his conviction of human smuggling charges.

The taxi driver of Haitian descent had appealed his April 19 conviction by the Court of First Instance, claiming he had not been a member of a criminal organisation.

The Court of First Instance had sentenced Bolan to four years and 10 months, a sentence which was confirmed by the Appeals Court on Thursday.

The prosecutor had requested the Court of First Instance to impose a prison sentence of seven years, but Solicitor-General Anton van der Schans had merely requested confirmation of the initial ruling.

Following the judge in the Court of First Instance, the Appeals Court found it legally and convincingly proven Bolan had been involved in an organisation that had set up various transports of illegal immigrants from Haiti, the Dominican Republic, Jamaica and Guatemala to St. Maarten, and from here to the US Virgin Islands between July and November 2010.

Several persons died during one of the transports after their rickety boat sank off Norman Island in the British Virgin Islands.

Bolan did not contest his conviction of human smuggling, and had admitted he had transported several persons in his taxi, for which he had received payment.

During the hearing of the appeal, Judge J.R. Sijmonsma had provided the example of a football club, in which many officials, such as the chairman, secretary and green keeper are all instrumental in making it possible for the players to play football.

Also in a criminal organisation there are persons working behind the scenes facilitating crime and criminals, the judge stated, indicating that one doesn't have to be a kingpin to be considered a member of a criminal organisation.

Upon hearing this, Bolan admitted he had been a "sort of green keeper."

The Court found it proven that Bolan had played an important logistic role in delivering his services as a taxi driver to the organisation.

The judges held it against Bolan that he had only had eyes for his own personal financial gain, and had not considered the exploitation of people and the thwarting of government policies on illegal immigrants.

Source: http://www.thedailyherald.com/islands/1-islands-news/23925-court-of-appeals-confirms-human-smugglers-conviction-.html

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