Two human smugglers
face stiff jail sentences
~ Court hears of lucrative business ~
PHILIPSBURG--Two men considered to be the local organisers of what the Prosecutor’s Office believes to be a Chinese-led human smuggling operation are facing six- and eight-year prison sentences. They were also accused Thursday of involvement in the drug trade, mainly cocaine.
A.C.H. (28) of St. Eustatius and civil servant of Chinese descent Y.F.J. (26) did not deny they had assisted in aiding an undisclosed number of undocumented Chinese citizens gain illegal entry into St. Maarten between January and October 2006.
The operation was designed to lead Chinese immigrants to the U.S. mainland via St. Maarten, St. Eustatius and U.S. territories in the Caribbean.
The middlemen in St. Maarten received big sums of money (US $10,000-14,000 per person) for providing the Chinese with airplane tickets, false documents and lodging. Y.F.J. allegedly took care of this, while A.C.H. was to make sure that the illegal immigrants would be able to pass through Immigration.
The organisation was led from the People’s Republic of China, and therefore the main suspects are beyond the reach of the Prosecutor’s Office.
The St. Maarten branch consisted of not only A.C.H. and Y.F.J., but also a number of workers at Princess Juliana International Airport who were supposed to guide the Chinese immigrants to certain Immigration officers who were supposed to look the other way.
Three female Immigration officers were tried on April 24 and sentenced for these crimes. They have appealed their sentences. Three airport workers were acquitted because they were not properly indicted.
A.C.H. allegedly bribed three female Immigration officers to render their services to the organisation.
Both suspects declined to make a statement during Thursday’s hearing, but both had previously admitted their involvement in the human smuggling operation. However, Y.F.J. denied he had bribed any civil servant.
“These two have been making an awful lot of money at the expense of the illegal immigrants,” said Prosecutor Dikran Sarian in presenting his demand. He considered all charges proven in A.C.H.’s case, and requested an eight-year prison sentence. Y.F.J. was held accountable for human smuggling, bribery, and membership in a criminal organisation, for which he would have to sit for six years if it were up to the Prosecutor, but was acquitted of the drug smuggling charge.
The Prosecutor further requested the immediate arrest of both suspects, who had been released from pre-trial detention in April, but this was turned down by Judge Rick Smid.
Both lawyers went to great lengths in explaining to the Judge that their clients should be acquitted or receive considerable reductions of their punishment because the Prosecutor’s Office had violated “all the rules” where it concerned their clients’ pre-trial detention.
Especially A.C.H.’s lawyer Eldon Sulvaran argued that the Prosecutor had violated his client’s rights where it concerned the free choice of a lawyer and the timely presentation of required legal documents. He further indicated that the defence had not had access to the case file while it was being handled by the Investigating Judge. He said the Prosecutor’s operations were “scandalous.”
“The Prosecutor has violated the principles of a fair trial. He thwarted the lawyers’ work, while the suspects’ detention was illegal,” Sulvaran argued.
The Prosecutor had put this case “under a magnifying glass in giving my client a much bigger role in the organisation. My client is but one link in a big chain,” said Bloem.
Judge Smid said he needed ample time to consider all aspects of this case and will present his ruling on July 5.
