[Publisher’s note: Will Theo Heyliger eventually be prosecuted and condemned to serve time in prison? Our own Hilbert Haar gives us his opinion on this topic in this premium article available exclusively for our subscribers.]
By Hilbert Haar
The arrest and subsequent incarceration of MP Theo Heyliger has made one thing clear: people care more about his wellbeing than about the crimes he has been accused of. The case has put St. Maarten’s integrity-levels to the test once more and – as was to be expected – in particular politicians have failed it. Politicians from both sides of the aisle have expressed support for Heyliger, who is a suspect in two bribery cases and who is also suspected of money laundering.
So far, no politician has said: hey, we don’t accept that kind of behavior here. You may wonder why this is so; unfortunately I cannot help our readers with this question.
Sure, it is always a possibility that Heyliger gets out of this predicament without a scratch. That requires a court that is going to find him not guilty of the crimes the prosecutor’s office holds against him. Theoretically, Heyliger is innocent until proven guilty, but accusations against him that form the basis for his arrest and his continued incarceration strongly suggest that there is at least something going on.
That the focus therefore shifted from the accusations against him to the conditions under which he was until recently held at the police station is no surprise to me. If you have nothing meaningful to say about – or against – such accusations you begin about something else.
John Oliver has aptly coined such tactics as whataboutism. Hey, this guy has murdered his grandmother. Yeah, I know, but what about that other guy who stole my car? That kind of thinking.
There is no dispute about the conditions at the police station. That is to say: if you were held there as long as casino owner Francesco Corallo in 2017 (around 115 days) you have every right to talk about inhumane conditions and torture. Sitting in the same cell for ten days is not exactly a pleasure cruise of course, but the math tells me that Corallo’s situation was more than ten times worse.
Since MP Heyliger has now been whisked away to the prison in Bonaire – a brand new facility – the cries about inhuman detention will no longer have any merit – if they had any merit to begin with at all.
The outcry about Heyliger’s detention conditions is nevertheless a painful example of how some people are more equal than others. The conditions at the Pointe Blanche prison have been way below standards like forever and the government seems unwilling (or unable) to do something about it. There are currently seventy inmates on the hill and I haven’t heard any family member say that their loved one is the subject of inhumane treatment and torture.
Heyliger’s promise – in his role of formateur in March 2018 – to the Progress Committee that he would make the detrimental conditions in Pointe Blanche part of the formation negotiations has not returned any tangible results.
And because there is no progress with the “situation” at the prison, the prosecutor’s office could not transfer Heyliger from the police station up the hill. Talk about karma.
Former Justice Minister Leo Chance once told me that he “had built Pointe Blanche for his friends.” He was good enough to add that he did not know at the time that his friends would end up there.
Chance’s prison is a disgrace for the country these days and its medieval state is forcing the prosecutor’s office to consider the release of inmates before all their time is up. Heyliger will never end up in Pointe Blanche (my prediction) because bribery cases are seldom punished with unconditional prison sentences.
If it comes to a trial – and I guess it will – Heyliger will most likely be looking at a conditional prison sentence, a hefty fine and a ban from politics for five to ten years. Heyliger announced already last year that he had taken part in his last elections so that last part of his potential sentence won’t hurt as much as it should.
Maybe they could use that fine to do something about the conditions in the cells at the police station and in the Pointe Blanche prison. Karma is a double-edged sword.
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Related articles:
Parliament silently accepts Heyliger’s suspension
Opinion: “Another missed opportunity”
Column: “Sheriff locked up; Deputy needed”
March 7, 2019: Heyliger’s detention extended for another 8 days
Opinion: “Karma is a double-edged sword”
Theo Heyliger hears Friday what the future holds for him; will his detention be extended?
Theo Heyliger transferred to Bonaire prison facility
Theo Heyliger still in detention cell at Philipsburg police station
Torture and/or inhuman and degrading punishment for Theo Heyliger
Analysis: “The road to UD-leader Heyliger’s potential downfall”
Opinion: “A real reason for concern”
Judge extends pre-trial detention for MP Theo Heyliger
Theo Heyliger arrested in Larimar investigation
Urgency prison situation brought to the attention of Theo Heyliger
https://stmaartennews.com/?s=theo
