Philipsburg:--- Two of the female suspects that were arrested on Friday as suspects in forgery and human smuggling relating to the Brooks Tower Accord project fell ill on Tuesday while in the Philipsburg police holding cell.
SMN News has been reliably informed that two of the suspects reported to the police that they were feeling unwell and needed medical attention. The source said the paramedics were called and the two women were examined and placed back into custody as their condition was not life threatening.
SMN News further learnt that some of the suspects held at the Philipsburg holding facility had to be transferred to the Pointe Blanche prison facility where the conditions are better.
In the meantime, a judge in the court of first instance brought some clarity in the chaos in the BTA procedure for a lack of a policy. Minister Roland Duncan told SMN News on Sunday that he did not have the necessary policies and Ministerial decree in place to guide the workers of the BTA 2 team. Minister Duncan said during that interview that the project coordinator and the other workers executed the project based on his oral instructions.
Judge brings clarity to BTA chaos caused by lack of a policy.
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On Tuesday afternoon Judge R. van Veen rendered his judgement in a case that immigration officials were eagerly awaiting to bring to order to the incoherence surrounding the BTA process. The case was brought by a St. Martin (French) born young man who challenged his detention and expulsion. The young man had been detained on January 12 and turned over to immigration the same day after it became apparent that there were no grounds for further criminal investigation. Though the detainee was born and resided on St. Maarten (Dutch side) his entire life, he was not in possession of a residency permit. The detainee had in possession a stamped and signed BTA application form dated December 8th, 2010. Lawyers representing the detainee said based on that form their client should be allowed to await the decision on his application as is the case with all the other BTA applicants. In court the Minister's lawyer assisted by a police inspector attached to the immigration department argued that the form had been falsified. This argument had resonance as just last Friday the entire BTA staff had been arrested on suspicion of fraud with BTA documents, including stealing a stamp used in the process. It was pointed out in court that the document presented several anomalies. There was no CRV number, instead there was a legend in a different hand writing than on the rest of the form, stating that this was a "new applicant". There also was no CRIB number, but most damaging the officers claimed, they did not recognize the signature on the form. It appeared that the person who signed the form forged the signature of Evelyn Hodge BTA project2 coordinator. In his ruling the judge went along with the shortcomings found on the form, including the unknown signature, based on this the judge concluded that the form was false. The judge also noted that the wrong BTA form had been used. It was the form intended for extending the BTA permit and not for a first time application. The judge also pointed out that since the detainee did not have a resident permit and the application form appeared to be falsified the judge ruled that he was indeed on the island illegally and that the minister was within his right to deport him. What can be concluded from the judge’s verdict o Tuesday is that all individuals with false application forms are liable to deportation. All and any monies paid, for example to the labour office can also be considered lost. Furthermore, the judge is holding on to the fact that the only policy known, that is the original BTA accord. All those who arrived after 2005 and tried to file under the BTA for the first time last December have been duped, because there is no written policy. The only argument the judge accepted was that it had been published that those holding BTA residence permits had until 'December 31, 2010 to renew them. All persons who filed for the first time in December 2010 are out in the cold. There is no written policy, which is what the court will accept, in which it is stated that those who arrived after 2006 can file for BTA permits. The whole BTA process it turned out, and the Minister has admitted this, was done by word of mouth and hear say. There simply is no legal basis for the claim that people who came in 2006, 2007 or 2008 can file for a BTA permit. A lot of people have spent a lot of time and money chasing a pipe dream. It is now the Minister of Justice's turn, not to speak, but to issue a written coherent policy that can withstand serious legal scrutiny, explaining exactly how he intends to put his stamp on the BTA process. The flying by the seat of his pants approached has simply been a disaster, and all came after 2006 cannot obtain residence permits and will eventually have to reconcile themselves to the idea of leaving, after having spent thousands of dollars in the vain pursuit of an empty pipe dream. |
