PHILIPSBURG--Charles A. Barry, who was sentenced in October 2010, to four years for his involvement in an armed robbery at Diamonds International in Oyster Pond on August 8, 2007, lost his appeal in the High Court in The Hague, but saw his prison sentence reduced by two months.
The High Court in The Hague ruled in the appeal on Tuesday, July 3.
According to the Prosecutor's Office, some six men were involved in this robbery in various ways. The culprits made away with some 150 earrings, 10 chains and 10 loose diamonds, with a total value of US $291,000.
Barry had always maintained his innocence, but admitted he had performed taxi services for a co-defendant, whom he knew from prison in Curaçao while he was sitting out 19 years.
Barry's defence maintained that the evidence presented was only based on "hearsay and assumptions," which should have led to Barry's full acquittal.
However, the Joint Court concluded that Barry had played a "crucial role" in the robbery, in which two masked men armed with semi-automatic weapons had raided the store in Oyster Pond.
According to the court, Barry had not only made plans together with one of these robbers to raid the store, but had also been the robber's chauffeur during preparations for the robbery.
The Joint Court also found it proven that he had provided the weapons that were used in the robbery, and that he had sold pieces of jewellery that were part of the loot, for which he received four years.
The judges of the High Court followed this position, despite the Solicitor- General's position that the evidence presented against the defendant was insufficient.
The Solicitor-General had recommended the High Court refer the case back to the Joint Court for retrial, because in his eyes the evidence provided by witnesses was only circumstantial.
The High Court disagreed and sentenced Barry to three years and ten months.
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