The criminal court of Saint Martin last Thursday analyzed the files of defendants who refused to undergo identity checks by border police officers (PAF).
In a first case dated May 4, AP is accused of contempt and unarmed resistance to agent WG, who was checking the identity of passengers on a bus. During the control, AP tries to escape and WP asks him to stay put. Furious, the defendant replied with insults. While attempting to escape again, he struck the officer several times, in particular causing a temporary incapacity for work for two days. At the gendarmerie, AP recognizes the facts of resistance, but denies the insults. Facing the punch in the face, he explains that it was accidental. According to Deputy Prosecutor Michaël Ohayon, the facts are sufficiently characterized and he proposes a suspended prison sentence of 3 months. After deliberation, the court sentences AP to a 3-month suspended prison sentence and receives the constitution of the civil party from WG's lawyer The defendant will have to pay 200 euros to WG for moral damages, 300 euros for pretium doloris and 800 euros for the costs of the proceedings.
Another identity check goes awry
In another case dating from March 19, the same agent and his colleague SG are victims of the same facts as those of September 17, this time at the Agrément roundabout. WG and SG stop a bus on the national road for an identity check. In the bus, FP refuses to show the officers his residence permit on the pretext that he has forgotten it. The latter suggests that agents call the prefecture to see if it is illegal or not. An option that SG refuses asking FP to get out of the vehicle, who refuses to obey. The policeman then tries to apprehend the suspect and receives several punches. When getting off the bus, the policeman allegedly fell injuring his knee and also suffered a head trauma, according to his medical certificate. FP explains to the gendarmes during his testimony that the two agents apprehended him aggressively, both physically and verbally. He also filed a complaint for these reasons. The vice-prosecutor reports on FP's record, which has already been convicted five times. He offers the court two types of penalty: 800 euros fine or a 4-month prison sentence. The court opted for this second sentence. FP will also have to pay € 500 to SG for non-pecuniary damage, € 300 for pretium doloris and € 800 for procedural costs. WG must be compensated up to € 500 for non-pecuniary damage, € 300 for pretium doloris and € 800 for legal costs. _KL
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