PHILIPSBURG--The Joint Court of Justice overturned Bobby Velasquez's acquittal on rape charges on Thursday.
Contrary to the judge of the Court of First Instance, the three judges of the Joint Court found it legally and convincingly proven that the 66-year-old entrepreneur had sexually abused his 16-year-old great-niece during the 2010 Heineken Regatta. Velasquez was sentenced to 15 months, 12 of which were suspended, and three years' probation.
However, Velasquez will not be sent to jail for three months any time soon. "Velasquez filed an appeal with the Supreme Court against this verdict today," his attorney Jairo Bloem stated in an e-mail message Thursday afternoon.
Prison sentences are not executed until a verdict has become irrevocable. The so-called "cassation procedure" with the High Court in The Hague takes a long time, usually more than a year, which means Velasquez will remain a free man for the time being.
The cassation will focus on the legal procedures followed in this case and will not reconsider matters of guilt and innocence. It is expected that the High Court appeal will focus on the question whether the victim's statements were taken according to the law.
Velasquez has always maintained his innocence and said he had never touched the girl. He said during his trial that his good reputation had been destroyed after he was arrested on May 20, 2010, and had to spend eight days in the old cells at the police station, which he described as a "pigsty."
Court of First Instance Judge Monique Keppels had stated in her July 1 ruling that although the girl had provided a very detailed statement about the March 7, 2010, incident in the businessman's Philipsburg home, there was no further direct evidence that he indeed had committed rape.
Velasquez's defence lawyers Bloem and Eldon "Papi" Sulvaran had stated that the girl's statements were unreliable. However, the Joint Court was of the opinion that the victim had given a "very detailed statement of what had transpired between her and the suspect" that day in March.
Her statement was consistent with statements provided by her parents, two of her friends, the school counsellor and a psychiatrist, and were supported by SMS messages she had sent to her boyfriend and a cousin, according to the Court of Appeals.
Judges P.E. de Kort, J. De Boer and E.M. van der Bunt also pointed at the fact that Velasquez had provided contradictory statements about where and when he had rubbed sunscreen on his great-niece's body. "These varying statements damage the credibility of the defendant's statements," the judges wrote in their verdict.
The Joint Court found it proven that then-65-year-old Velasquez had misused his physical and psychological dominance over his 16-year-old victim. The Court took into account that the rape had taken place within the family circle. Velasquez had abused the victim's trust in him as her great-uncle and had gravely disturbed family relations, the Court found.
"He let his sexual feelings prevail over the victim's interest and did not take into account the psychological consequences for his victim," the judges said.
The court decided to impose a partially suspended prison sentence, taking into account Velasquez's advanced age and the fact that media attention during his trial had damaged his reputation as a "known and prominent person in St. Maarten."
Spending review 2010 Antigua & Barbuda Christina Aguilera BBC Egypt Energy industry
No comments:
Post a Comment