SS and GM, parents of eight children, live separately. Saturday February 16, GM offers SS to go out with her, to celebrate the anniversary of their meeting which took place eighteen years earlier. They call on a babysitter who announces that they can stay only two hours, but spend the evening in a nightclub in Sandy Ground where they chain the glasses. Around five in the morning, when they returned to Saint-James to GM, completely drunk, a dispute broke out between them. SS ends up punching GM's face
SS, 37, was presented for immediate appearance Wednesday February 20 before the Saint-Martin Criminal Court and, after reflection, agreed to be tried the same day. He was prosecuted for voluntary violence which did not lead to an ITT, with the aggravating circumstance that the victim is his ex-partner, GM Convicted last June for similar acts, he was therefore in legal recidivism. He was also accused, as a foreigner, of having, without legitimate reason, between September 2018 and February 2019, illegally maintained himself on French territory while an obligation to leave it and not to return there for a year had been notified to him in September 2018.
If GM has filed a complaint, it does not want to become a civil party and does not claim damages. "The only thing I ask is that he be far away, but that he still be able to see the children", she said at the hearing. According to her, he hit her "because he was drunk" and that she had told him that she wanted to leave him. She doesn't want him to be punished for the blow she received.
For the representative of the public prosecutor, alcohol and the particular context cannot justify the beatings. It requires the revocation of the stay (three months), six months in prison with continued detention but no ban on contact or stay.
For the defense lawyer, "we are here for a blow whose proof of the voluntary character is not reported by the public prosecutor".
The vice-prosecutor acknowledges that the breach of the obligation to leave French territory was ill-qualified. Indeed, SS, whose father is from Curaçao, and although born in the Dominican Republic, has a Dutch passport and is therefore a European citizen. The defense lawyer also raises the contradiction faced by his client following his conviction in June 2018 and this obligation to leave the territory. One obliging him to go to the French side as part of the probation put to the test, the other prohibiting him from going to the territory.
After having deliberated, the court pronounces the release of the accused. He underlines the inconsistency of the decree of September 2018 (on the obligation to leave the territory, editor's note) and encourages SS and his council to come forward to ask the SPIP to suspend the stay with probation in progress, the time when SS is inadmissible "so that the prosecution is not required to pronounce evasion of the execution of an obligation to leave French territory".
(More details on www.soualigapost.com)
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