PHILIPSBURG--The Court acquitted a 31-year-old man Wednesday, of involvement in the killing of well-known Indian businessman Haresh "Danny" Dayalani on May 26, 2009, at his Cole Bay home. However, Robertson Craig Peter of Dominica was sentenced to eight years for involvement in two armed robberies at Pelican Marina's administrative offices May 13-14, 2009.

 

During the March-26 hearing, Prosecutor Tineke Kamps had considered all charges proven and demanded 18 years. Immediately after the verdict, Kamps announced that the Prosecutor's Office would file for appeal.

 

Judge Koos van de Veen was very critical of the way in which the Prosecutor's Office had attempted to present evidence against the suspect.

 

For instance, the Judge said he could not understand why an anonymous witness was only heard by the police and not by an investigating judge, which is required to allow such statement as evidence.

 

Another important witness of the Prosecutor's Office had based his statement only on hearsay, the Judge said, and witnesses had not recognised the suspect from photos.

 

The Judge was also surprised that in her closing speech, Prosecutor Kamp had not devoted "one single word" to the statement of witness L., who had given five statements in which he had consistently said he was "100 per cent sure" the defendant was not among the three men who were sitting in the car of the late president of the Indian Merchants Association in French St. Martin after the shooting.

 

Evidence derived from DNA-material found on a tam in Dayalani's vehicle was also inconclusive, according to the judge.

Prosecutor Kamps had said she was "strongly convinced" Peter was one of the perpetrators in what she held to be a case of manslaughter.

 

The Court found the defendant guilty of having taken part in armed robberies at Pelican Marina. On two consecutive days, resort workers were held up and robbed of their personal belongings. During the first robbery, two masked armed men held up staff and stole their belongings as they were threatened with a gun. Personnel lost cash, a laptop computer and cell phones.

 

Just over 24 hours later, the robbers went back, bound guards and other workers with tape, and plundered a safe, taking approximately US $8,000.

 

The two instigators of the Pelican robberies were both sentenced to three years, one of which was suspended, on two years' probation in June 2010.

 

Both had pointed at Peter as the man they had approached to commit the "move" to obtain "easy money."

 

The Prosecutor said during the court hearing it was appalling and shameless that the business was raided on two consecutive days. Kamps said the defendant was after easy money and had made committing robberies his daily job.

The Judge echoed these words on Wednesday, saying the defendant had given the impression of being an "immoral person," without any "compassion or empathy for the victims."

 

Attorney-at-law Shaira Bommel had pleaded for her client's full acquittal. According to the lawyer, the evidence presented against him was largely based on "words from the street."

 

(The Daily Herald)