The letter was sent on Wednesday. Press Prosecutor Rienk Mud told SMN News that his office is still awaiting the police report from the police department regarding the accident which took place in the Middle Region. Mud said the only the reason the letter sent on Wednesday was because of the curfew on Monday and Tuesday due to the passing of hurricane Earl and tropical storm Fiona. Mud explained that the prosecutor's office also did not have electricity due to the hurricane and as such they were not able to communicate this information before. Mud said the Attorney General will take a decision on the course of action against his colleague Develing based on the letter that was sent to him.
Mud also explained that the attorney general has to be careful when taking decisions to sanction a federal officer of the law. Mud said no one can be suspended when there are no serious crimes committed and even though Develing is a public prosecutor he also deserves a fair trial.
The press prosecutor said his colleague Jan Bart Develing admitted to being involved in the traffic accident and he also gave his office the reason he drove away from the scene of the accident. According to Develing he was not sure if he was the main contributor to the accident or if it was someone who wanted to rob him. Mud said his colleague also said he took a split second decision to drive away from the scene simply because he was fearful and his intention was to call police the moment he got home which is not far away from the scene of the accident.
Mud further explained that based on article 9 of the traffic ordinance of the Netherlands Antilles gives a person 24 hours after an accident to report it to the police. However, Develing was stopped moments after he left the scene and was arrested by police. Mud also explained that Jan Bart Develing was not the traffic prosecutor some two years now and that he admitted to them and the police that he drank three beers prior to the accident and that was the reason police smelled alcohol on him at the time. He said the police conducted the sobriety test at the police station and they found that Mr. Develing was fit to drive. Mud also explained that the Dutch justice system does not have any other means to text drivers who are suspected of being under the influence of alcohol.
Apart from the letter that was sent to the attorney general by the prosecutor's office the police department has to continue their investigation into the accident. Mud said when the report is submitted to them they would have other colleagues outside of St. Maarten study the report and then they would decide if Prosecutor Develing will face prosecution for the offence he committed on Saturday. Mud said one of the reasons they have chosen to allow outside experts to study that report is to make sure Develing is treated fairly while justice is served.
Asked if the prosecutor's office was trying to cover up the case or if there is any type of class justice given to Prosecutor Develing, Mud responded by saying absolutely not and to avoid such accusations they have decided to send the letter to the attorney general so that he can decide on a course of action while they will also take other measures based on the police report.