St. Maarten Private Eye

Dear folks. Please permit me to share with you some unpleasant experiences which I had with Mr. Sirian of the Public Prosecutors Office. I want your honest involvement and opinion on this topic as it is an issue that you might be confronted with one or more times in your life time. Yesterday May 12, 2008 my company towed a vehicle which was parked on a private property on request of the owner. Signs were located indicating that this was a private property. We towed the vehicle and place it on our premises on the Landfill. When the owner came to collect his vehicle he did not want to pay for the charges and he was refer to the relevant authorities to file a complaint. Customary is that anyone that parked his car on a private property the owner of the property has the rights to have the car being removed on the expense of the driver or owner of the vehicle. I was informed that In this particular case the owner warned the driver not to park on his property. (facts need to be verified) He went to the Police department and we received a call from inspector John. We explain the situation and that was it for us. Later on I received a call from Mr. Sirian and he told me that I have to return the car to the owner and that the owner of the property has to pay us for the towing charges. (To all towing companies: PLSE INFORM YOUR CUSTOMERS THAT NOT THE OWNERS OF THE CARS NEED TO PAY FOR THE CHARGES BUT THE OWNER OF THE PROPERTY. THIS MEANS THAT WHENEVER YOU REMOVED A CAR THE OWNER OF THE PROPERTY HAS TO PAY YOU. YOU HAVE TO RELEASE THE CAR WITHOUT CHARGING ANYTHING. YOU ALSO WILL BE LIABLE AND RESPONSIBLE FOR ANY OR ALL DENTS THAT MIGHT BE ON THE CAR.) - ( TO ALL CITIZENS: FROM NOW ON YOU CAN PARK ANYWHERE THERE IS A SIGN THAT SAYS NO PARKING AND YOU DO NOT NEED TO PAY FOR ANY TOWING CHARGES NO MORE BECAUSE THE OWINER OF THE PROPERTY MUST ALLOW YOU TO PARK ON HIS PROPERTY AND WHEN HE NEED TO USE HIS PROPERTY HE IS ALLOWED TO CALL A TOWTRUCK TO MOVE THE CAR BUT YOU DO NOT HAVE TO PAY FOR THE CHARGES. FURTHERMORE IF YOU FIND ANY SCRATCHES ON YOUR CAR YOU HAVE A RIGHT TO BLAME THE TOWING COMPANY AND THEY ARE RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY HAVE ON YOUR CAR. THIS IS THE TIME TO HAVE YOUR CAR REMOVED AND FIXED AT THE SAME TIME. IF YOU HAVE PROBLEMS WITH THE TOWING COMPANY YOU MUST GO DIRECT TO MR. SIRIAN.) I told him that i did not agree and that I will contact my lawyer for legal advice on this issue. While at the office of my lawyer Bergman and Bloem I received again a call from Mr. Sirian and he told me that he was getting irritated with my behaviour and that I must release the car to the owner as he has to collect his children in school. (WHO EVER IS TO INVESTIGATE THIS COMPLAINT NEED TO LOOK INTO THE RELATION BETWEEN THE OWNER OF THE CAR AND MR. SIRIAN) - ( I HAVE ALSO DOCUMENTS RELATED TO ANOTHER P.P.O. VAN SLOTEN WHICH USED HIS RELATION WITH A LOCAL BUSINESSMAN TO HAVE ALSO A CAR RELEASED WITHOUT PAYMENT) I told him that I am at the lawyers office discussing the issue. Furthermore I told him to sent me a fax with the instruction to release the car so that I have some proof that I released the car on his instructions. He said he will not fax me a letter and that if I do not release the car he will have me detained. Obviously I was very suprise and for $ 65.00 I was not going to pressure the issue at that level. I told my office to release the vehicle which was own by a person which works at or related to Nagico Insurance. I called Mr. Panneflek and explain him the situation. I faxed him a letter on the issue I then called the office to speak with Mr, Stein but the office told me that he was not available. I drafted a letter which I faxed to him in order to explain the situation. I called Curacao in order to get the necessary feedback how to proceed when one has a complaint against a Prosecutor. I am drafting a letter addressed to the Prosecutor General Mr. Dick Piar.I will file an official complaint against Mr. Sirian. Furthermore copies of these letters will be going members of Parliament and the Island Councll of Sint Maarten. The issue is not the $ 65.00 put the principle of good governance and a justice system that one can rely on. I I had many dealing with Mr. Stein on the past and any issue we generate documentation but we have always held respect for one another. It is shame when those in position continues to oppress people and misuse their powers. With a simple fax this issue could have been solved and dealt with on a professional manner. I will be writing to the authorities to have Mr. Sirian remove from his position and sent him back where he came from. As we are on the brink of new constitutional changes it is a must that the citizens of Country Sint Maarten can be assured that democracy exist and the people can trust in the government and those that are in powers. I will be sending a letter to the media in the Antilles in reards to this issue and do hope that those in authority to do whatever they have to do in order to get rid of Mr. Sirian. I call upon all the readers to revew this issue and help this island to fight against injustice against the people. For many years I have been writing letters to the Justice department in order to regulate the towing business as it is growing out of hands due to many irregularities. One of them are the signs indicating private properties. Every one knows about these signs. If placing such a sign was a illegal why was the issue not addressed by the relevant authorities. They should have warned the general population and give a fine to all those in violation, including my company. A short letter to all the towing companies indicating them that moving cars from those locations where illegal would have been suffcient to clear up the situation. For more then 3 years I am awaiting a response from the Justice Department in regards to a complaint which I filed against Mr. Tony Rogers. Just last week I spoke with Mr. Gilbert Joubert, the chief Public Prosecutor in Curacao and he told me that on friday last week he would have a meeting with the Public Prosecutor General, Mr. Dick Piar and this week he will inform me of the outcome. People is this what we call justice? As an ex-police officer I am a shame to see what has become of the Justice Department and I call on those in parliament to present a motion on non-confidence againt the Minister of Justice and sent him home. There are many more issues like this going on but many innocent folks do not know how to defend themselves against this type of injustices. I call upon you the readers on this site to start the ball rolling. I am willing to prepare any document for anyone who has been hurt by the system to bring back justice on this island. For any information in regards to towing you can either post it on this site or sent me an e-mail on sooninamerica@gmail.com. I do hope that those members representing Sint Maarten in parliament start asking question on parliament level on thei ssues that touches the citizens of this island and affect their lives. People it is time to rise up and take a stand. Nevertheless whatever you do make sure it is not self interest but general interest. The island need people that are willing to take a stand and defend others. Furthermore I want to ask Mr. Sirian on what grounds will he be detaining me? Is this is a civil or a criminal case? Has he the authority to order me to release the vehicle.? I would like some answers from some of our lawyers. Furthermore we need some local young antillians in the department of the Public Ministery on Sint Maarten. I expect repercussion from Mr. Sirian for which reason I will keep you all informed on the progress of this issue. God Bless Sint Maarten and we will continue to fight for a better Sint Maarten.

H.L. Soon

Dear Soon:

I hope that Parliament favors you and the policy towards towing. I guess we were doomed by being in the P.P.A., have you noticed that anyone affiliated with the P.P.A. has been getting the shaft lately. An official for the Government wanted me to pay for my Residence Permit, just before I was ready to apply for my Dutch Passport.

The R.S.T. knows exactly what is going on within the D.P. party and the favoritism they have created, but they are all going down or to prison within time, as some already have. They obviously think they are infallible.

Unfortunately with the economy around the world, Sint Maarten is not on a high priority list for American Tourist as so many web sites and tourist bureaus are not recommending it due to the amount of corruption, crime, murders, robberies and all the nasty things that does not make for a a good vacation, much less the overbuilt structures that are standing empty due to the developers high price and greed.

Thank you Larry but I want to clarify the issue as it seems that either I can write or the readers do not understand the issue. It is all about the future of this island. We want to become a country but our attitude need to change. The right of expression is a fundemental right and we need to show respect for one another. The towing is the reason for the incident but it had to happen this way in order to expose the abuse and misuse of power by those in powers. A fax was enough to clear the issue but Sirian saw it fit to use the powers bestow upon him in a wrong way. He threatened to detain me. I wonder based on what grounds he would have detained me. I was in my lawyers office when he called me and told me that my attitude irritates him and if I do not release the car he would detain me. This means that not even legal counseling is possible. These are the issues and not the towing but the small minds in this society are there for the "melee" and not for the facts or the truth.
I wrote a letter to the editor and mailed the letters to two major newspapers on the island. Apparently only Today received the letter and not the Daily Herald. I resent them the letter this morning. What have me so concern is also that the media in this case the Todays Paper only print what the editor finds important to relay to the people. Due to his interpretation the fault is of the towing companies and not the department of Justice. 3 years ago the Public Proscutors Office receive a complaint against Mr. Tony Rogers for "another towing incident" . Dont you think that within the 3 year span they could not have developed some rules and regulation in order to control the towing business? These are the questions that should be asked. I have shown my pile of letters to the editor of the Today and still his reporting is so bias.
Again as usual on this island it is easy to condemn the messenger and not the message. I am discussing this issue as a citizen and not as a politician. As a matter of fact I do not intent to be part of the political process. I do not see the reason why he has to mention that in this particular issue. I will continue with the issue because I want to prevent that whatever happens to me happens to other innocent citizens on this island.

Soon,
You aren't going to like what I have to say but I believe it is the opinion of many motorists.
The law is very clear on placing no parking signs on public / private property and the tow companies and business owners should respect the law. They don't
Some tow truck operators are invloved in towing cars that should not be towed late and night. They then keep the vehicle at the yard while the owner files a stolen vehicle report and waits days before the car is "found" in the yard. Many times damaged or partially stripped and wth a storage fee to be paid.
Some tow truck comapnies are suspected of being involved in the stolen car racket and usually receive a reward when it is "found" by them.
This whole tow business has turned into a major scam that needs to be regulated or done away with. I have no sympathy for any of them
Sorry.

No one is looking for sympathy. As a business I have done all what could have been done to regulate this situation but I am not the authority. I even spoke with the chief inspector Martina and told him that he should write a letter to all the towing companies and indicate to them that if they do not remain with the frame work of legal towing they will be removed from the police schedule. Previously I also make recommendation to government to install signs in the front street where elderly and vehicles for handicapped people can park. Many other recommendation where given but to no avail. One of these days I will put up my file in the library for public viewing.

In the Daily Herald there was a letter to the editor from Mr. Le Poole in regards to the towing issue. Its amazes me when I read these type of notes and I have come to the conclusion of the level of ignorance of many in this society. Obviously this is a general opion which is based on the feedback I have received sofar. Towing is a business as any other business. It has its limit and its boundaries. Limits and boundaries can be set by law as many of the towing happens on the public roads. Which ever companies violates the norms and rules should be punished. The question is who set the rules. Article 35 of the Traffic Ordinance clearly states when a car can be removed. Obviously there is also a law that states that we have to follow the instruction of the relevant authorities. When a police officer ask you to remove a vehicle from a particular spot you do not question the legality of the order because you do not know the reason. Many times people block each other on the public road and we are requested by the police to come and assist. The issue is that in every sector there are people or groups of people that violate the principle of proper and efficient business prinicples. I cannot be blame for that.Whoever is to be blame is the higher authorities who fails to enforce the laws, the people who fails to stand up and complaint whenever there rights has been violated. We have a society which consist of people from every country, culture etc and obviously many of them because of oppression do not speak out. Fear is one of the many causes. Fear of being thrown from the island, fear of loosing a job, fear of repercussion. These are the reasons why the people dont speak out. Also they are those that knows better and can speak out but again for selfish reasons they do not speak out. The issue is not about the towing but the exposure of misuse and abuse of power by a member of the Public Prosecutors Office. During the past years I had encounters with 3 prosecutors, Merx, van Sloten and now Sirian.

During carnaval time the chief of customs requested my company to remove a vehicle from the parking spot which by law (signs) was assigned to the office of the customs. Obviously he did not agree. After the incident with Mr,. Sirian he called and told me that based on what he read in the papers he want his money back. I explain to him the situation and i sent him to Mr. Sirian in order that Mr. Sirian call me to tell me to refund Mr. Brookson. I am now awaiting a call from Mr. Sirian to refund the money to Mr. Brookson. Mind you people. This is a public road with a official sign "No Parking" (By law) and he still violated the laws of the land and park in area where by law he was not suppose to park. There is no time on the sign as such at no time is he allowed to park there.

Stop the whinning Soon. For years your towing company along with Hungry, Tow Jam and others have been towing innocent driver's vehicles all around Dutch St.Maarten without the Blessing of the Police Department- this is illegal, and you know it.
The law states that a Police office must be present when you tow a car. This was not done and these instruction are still not followed. You very well know the rules and regulation as it pertains to the public roads, being a former Policer Officer and someone who can advise any traffic department in the Dutch Kingdom. Your comphrehension of the Dutch language and its laws are excellent.

Towing is a business, yes, but the abuse by the towing companies on St.Maarten is a great injustice to all motorist.
I'm happy that Mr Sarian pointed out our rights, and mind you, most of us didn't come here yesterday or last week.
I'm not a fan of the gentleman you mentioned, but I think he has a right to ask for a refund if his car was indeed towed illegaly by you or any one of the other vultures out there with a tow truck

Now that Mr Sarian has had enough of this abuse, you choose to make it a power issue. The Chief prosecutor has also chimed in and he has backed Sarian regarding the abuse taking place in the tow trucking business.

Many of us see it as a win for motorist on St.Maarten. Thank you Sarian, our cars will not be taken away from public areas anymore by Business People who claim public property and by unscrupelous tow truck drivers and owners.

Every one is in title of his or her own opinion. As such I respect your opinion and I just have to put you in the category where you belong. The only thing I will tell you that I have proof (documents) in which for years I have try to bring in some rules and regulations. Those in power have failed to do what they should have done a long time ago. But again I do understand that they are people like you that can only look at one side of the fence. It is okay with me. That is the nature of the beast. Continue to sleep and one day you will wake up but then it is to late. I do not have anything personal against Sirian because my morals and values are above what he has done to me. I had 3 issues now with 3 prosecutors and each one was in a different sector but the issue was always misuse and abuse of power. One of these days I will have my documents in the library for viewing and I will invite you to read them. I guess even then you would think the same about me. That is again your right. Have a blessed day

Mr Soon, I have nothing personal against you, I have an issues with the MO of the towing companies. And your BUSINESS is towing. The abuse is noted, documented,and those in the prosecutor's office have reacted, a little too late; however, it is in the benefit of the general vehicle owners on SXM.
Your work as a watchdog and as a former officer of the law is well noted and respected. I also agree that you have been trying to bring issues forth and have called for regulation regarding the towing business without much success.
The fact remains, towing companies go about it the wrong way and now that the general public person know their rights, the picture will change, and change is good.

Well it is about time that Sweet Leroy got what has been due to him for a very long time. He has scammed more people then one could ever count. He rips off people with concerts where the main acts don't come & yet no refunds are ordered. He has abused women for years & the police turn a blind eye to what is going on in his clubs. I know first hand that many of them are customers & he gives them free women so they leave him alone. Maybe Gebe should check the meters at any location where Leroy has had a club because they have all been tampered with. I guess now that Loor & Marsdin can't protect him anymore maybe he will be out of business for good.

I hope he gets done to him in prison what he did to all of those women over the years.

Finally some justice in SXM. The Loor thing is just a big joke.

Very good idea, but i hope at the same time our governor will see to it that we will not be having illegal working in this unit. Yes i said illegals, because as it is right know it is the plan to use private security guards for this and we all know that most of them are illegals and do not give a damn about fighting crime on sint maarten other than collecting a salary month end. Very little of them will tell police who they saw commiting a crime. Did anyone ever asked themselves with so much security groups working all over Sint Maarten, still so much crime happens and most of them never see anything or do not even want to talk to the police. I pray to god that what i am hearing is not the truth. And if so please ensure that they are legal and really has fighting crime at heart and not a salary month end, because we will not have solve the problem.

If You really think about what they do and can do sometimes, it really makes you worried about what the near future will be like if there is no stop to this.

I found this article and well it just says it all.

SXMpages: Local Police Chief should get more Authority

And on the same website I found more articles like that. It really makes me sad thinking about what will happen next...

I am missing statements in the press explaining what is the difference between Soualiga original and Soualiga Plus.
Will there more manpower? more patrol hours? Will the Soualiga have cars? bicycles? scooters? will there more walkie talkies? more tools for them to operate in a normal fashion?
Some time last year I walked past one officer who was guarding and blocking a street in Philipsburg after a violent crime, He was a lone Soualiga Officer and I asked why his force did not cordon off the area with the special tape with the words 'crime scene". the reason was that many walking past and driving did not understand why the street was blocked off as they did not know that a crime had just happened where a shop keeper was stabbed in the face by a youth who did not pay for his purchased goods.
The answer I received was, We do not have that type of tape and as long as that officer had been in the patrol this officer had never seen this tape. The only tape they have is the red/white tape or orange tape that is used by construction crew and that is when they do have it.
The officer explained that they function on limited materials all the time. So my question again, what is the plus?
Can some media house please ask what Plus we the public will be receiving as part of our national security and one of our basic rights?

Hence the upgrade to Soualiga Plus! Coming soon, with added tape.

LH