Gildarie wins court case,
but will still be sent home
PHILIPSBURG--Former reporter of The National newspaper Leonard Gildarie won a battle in court Wednesday, but will still be sent on a plane back to Guyana today.
He was charged with violating a three-year ban from coming to St. Maarten imposed on him by the Lt. Governor after he was arrested last year for working and residing illegally in St. Maarten.
This crime is punishable with a maximum prison sentence of three months, but Judge Jan Harmen Bosch acquitted Gildarie of the charge because the decree issued by the Lt. Governor authorising his expulsion from the island in March 2005 did not clearly indicate that he was not allowed to return for a period of three years.
Gildarie was detained by local immigration authorities two weeks ago at the office of a local towing company where he was employed. This was the second time in about 18 months that he had been arrested for working and residing illegally in St. Maarten.
Prosecutor Paul Mooij charged that Gildarie had knowingly and willingly violated the ban on returning to the island. “A signal should be given that people who are being deported should not return to the island with the next plane.” He asked the judge to impose a suspended prison sentence of two years and a three-year ban on returning to St. Maarten.
However, the judge decided to acquit Gildarie of the charge, but this did not mean that the former reporter was released. He was handed over to the Immigration Department, which will see to it that he boards the next flight to Guyana, which is scheduled to leave at 7:30am today.
Gildarie was put in the hands of the Immigration Department because he was not in the possession of valid residence and working permits.
His lawyer Denicio Brison said an administrative appeal against the initial decision of the Lt. Governor to expel his client was still pending at the Court of First Instance.
After his trial, Gildarie handed a written statement to the media in which he said he was hopeful that his trial would open some eyes.
“I do hope that no journalist is subjected to what I have been through,” Gildarie wrote. “I trust that the true story will come out in due time and the media will move from mere reporting to bringing true journalism to St. Maarten.”
Rumours surfaced in 2005 that Gildarie’s removal from the island had something to do with his inquisitive reporting.
“All I wanted was to be with my family, to be a good citizen of St. Maarten,” he said of his return to the island from which he had been banned.
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