~ Conviction declared null and void ~
PHILIPSBURG--An administrative mistake led the High Court in The Hague on Tuesday to refer the case of Island Councilman and former commissioner Louise Laveist back to the Joint Court for retrial.
In February 2010, the Appeals Court had found Laveist guilty of two counts of bribery as a civil servant, for which he was sentenced to a suspended prison sentence of six months with three years probation, payment of a NAf. 5,000 fine or 55 days in jail, and a ban from civil service for three years. He was acquitted of forgery and fraud.
The Court of First Instance had sentenced Laveist to 18 months, 9 of which were suspended, with 3 years probation, a NAf. 5,000 fine and a ban from holding office for five years. After his conviction Laveist had filed for appeal with the High Court.
During the hearing of the appeal Solicitor-General P. Vegter came to the conclusion that the case should be referred back to the Joint Court for retrial, because the written judgement did not include the evidence based on which Laveist was convicted.
The High Court stated in its decision that the evidence was summed up in an annex which was attached to the judgement, but not, as is legally required, in the judgement itself.
The law stipulates that the evidence leading to a suspect's conviction should be included in the judgement, or the judgement will be declared null and void.
The Joint Court had found Laveist guilty of having accepted a bribe from Canadian manufacturer Bemal Enterprises in connection with the furnishing of the new Administration Building.
The former commissioner was also found guilty of having accepted a US $6,000 cheque from Bargains Unlimited NV on behalf of his Culture Club Foundation in exchange for a positive advice on work permits.
The Joint Court did not consider it proven that Laveist had forged minutes of Culture Club Foundation, of which he had been the chairman. The Prosecutor's Office had alleged that this was done to defraud funding agency AMFO of subsidy for the 2004 St. Maarten Day "Rally Around the Flag" project. But the Joint Court said this could not be proven, including the fact that the subsidy obtained would have been used for purposes other than the purchase of flags.
Laveist was also acquitted of violation of the Federal Ordinance on Foreign Labour in employing an undocumented hairdresser in his barbershop.
No date has been set for his retrial as yet.
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