PHILIPSBURG--Ashton Lake (59), the longest-serving prisoner in the Kingdom of the Netherlands, was told by the judge on Wednesday that, after 38 years of imprisonment, he will be released on July 1, 2022. The British national will be deported from Curaçao to his native island of Anguilla.
Lake, in a bright orange prison suit, sat quietly in front of the judge in an almost empty courtroom in Curaçao. The judge addressed him from a long white bar. “The reason you were sentenced to life imprisonment in 1984 was to prevent recidivism. The chance that you would commit a similar crime again was considered very high at the time. Society had to be protected from you.”
The tension is palpable in the Philipsburg Mutual Improvement Association (PMIA) Hall on Back Street just before 2:00pm Wednesday. Employees of the Court of Justice, the Prosecutor’s Office, three police officers and an interpreter are fixated on a screen for the live streaming of the session of the Court of Justice in Curaçao.
Among the 20 attendees was Jennifer Velasquez-Smith, the older sister of Amy, Lake’s five-year-old victim, with a friend holding her hand next to her. The now 52-year-old Jennifer was 14 years old when Amy was murdered by Lake and an accomplice.
Annette Velasquez, the victim’s eldest sister, logged in via the Internet from her home in California, United States, for the verdict. She then appeared on-screen in the PMIA Hall. The tension and emotions could be read from her face.
Their parents Bobby and Ruth Velasquez were not present physically or via the Internet.
The ruling followed a hearing that had taken place a month earlier, on March 9, at the Courthouse in Philipsburg. Asked by the judges how they felt about the possible release of Lake, Amy’s parents and sisters had responded very emotionally. Their statements showed that they still feel great anger and sadness at the horrific way Amy was raped and killed. Their lives have been destroyed by Lake, the Velasquez family told the Court.
When given the opportunity by the Court to respond to the statements of the victim’s relatives, Lake indicated that he preferred to remain silent.
Lake’s attorney Shaira Bommel said: “I understand the emotions of the family very well, the grief over the loss, that never goes away. It doesn’t matter what happens to Lake, or what he says or does, the pain remains. Lake knows that too. Earlier he apologised in Court, saying: ‘I know you will never be able to forgive me, but I still want to let you know that I regret what I did.’ He has indeed shown that he has insight into the consequences of his actions. This has been confirmed by his psychologist and other experts.”
The judge told Lake on Wednesday that the ruling is based on two considerations: Firstly, whether there is a chance of recidivism; and secondly, the position of the victim’s next of kin.
Lake sat quietly on a chair in front of the judge. He was not pictured up close on the screen at PMIA Hall.
The judge referred to reports and statements from psychologists, the probation service and the director of the prison in Curaçao where Lake has been detained for years. Experts and Lake’s supervisors are all of the opinion that the chance of recidivism is extremely minimal, deemed non-existent by some, as the detainee has shown guilt, shame and regret. He has grown in his empathic ability over the years, as can be seen from the reports.
Lake committed his crime at the age of 21. He was a fisherman and had little formal education. During his long imprisonment, Lake has taken numerous courses, he improved his linguistics and developed computer skills. In the Sentro di Dentenshon I Korrekshon Korsou (SDKK) workshops he learned the trade of carpenter and upholsterer.
Inmates who work in prison earn less than a dollar an hour, half of which goes into a savings account. According to his lawyer, Lake has worked so many hours over the years that his savings are now large enough to live on for a few months after his release.
Further detention, the Court ruled, can only be justified if the prison can offer the detainee opportunities that give hope of improving the detainee’s behaviour. “Your behaviour has been good for a very, very long time,” the judge confirmed to Lake.
Further extension of his detention would lead to a situation of hopelessness for Lake and that would run counter to the goal of positive reform of prisoners in the prison and the push towards resocialisation in society.
The Velasquez sisters became visibly emotional on hearing the court’s considerations. Annette put a hand in front of her face to hide her tears. In the hall, handkerchiefs were pulled out for Jennifer.
The judge told Lake: “Your release will be set for July 1, 2022.”
The Court does not attach any conditions to Lake’s release, as he will be transferred to Anguilla immediately on his release. The British authorities have indicated that they will take care of his future in the form of housing, guidance to gainful employment and help by a social worker.
The judge said that July 1, 2022, was chosen as the date of release to give the authorities in Anguilla the necessary time to prepare for Lake’s return to his native island.
The Court’s decision is final; there are no legal remedies for the next of kin to appeal against this.
In the PMIA Hall, Jennifer stared at the television screen in dismay. Annette disappeared from the television screen, deeply emotional.
Ashton Lake’s reaction to the ruling was not clearly visible for the spectators in St. Maarten. He seemed to be quietly waiting for the judge to speak the last words, before he got up from his chair and expressed his gratitude. He then turned towards the prison guards behind him, ready to be taken back to the prison where he will spend his last 85 days in detention.
