Common Court of Justice overturns judge of instruction’s decision to release suspects
Today the Common Court of Justice ruled on the appeal of the Public Prosecutor against the April 18th 2013 decision of the judge of instruction in which he ordered the immediate release of both suspects in the Middle Region stabbing incident in which Kimberly Illidge was killed.
The Common Court did, as it says in the decision, what the judge of instruction should have done, namely "order for the further pretrial detention" (gevangenhouding) of the 17 year old female suspect S.A.B. This means that the suspect has to return in pretrial detention.
The judge of instruction had released both suspects, based on his conclusion that the imposed day program for minors in the temporary youth facility in the Philipsburg Police station had not been strictly met. He therefore lifted the pretrial detention order and ordered for the immediate release of both suspects.
The Public Prosecutor immediately appealed that decision first leading to a decision in the case against 17 year old suspect E.J.J. by the Common Court of Justice on May 8th 2013, overturning the judge of instruction’s decision and subsequently today in the case against S.A.B., overturning that same decision with the same result: the suspect has to go back to jail.
The Common Court of Justice ruled that, taken all circumstances into account, the current detention situation of minors is not to be considered in violation of the Sint Maarten Constitution nor the UN Convention on the rights of the child.
This afternoon the suspect came to the Police station voluntarily and was put back in detention.
The first hearing in this case is scheduled for July 3rd 2013.