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Merx to know fate today
by The Daily Herald
Posted: Jul 19, 2006 15:08 UTC
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PHILIPSBURG - Former Chief Prosecutor of the Windward Islands Cor Merx faces a possible jail sentence today, Wednesday. Judge Rick Smid will be handing down his ruling in the case against Merx, who stands accused of involvement in fraud and the misuse of his office.
Merx faces one year in jail and the judge has also been asked to impose, as a special condition, a five-year ban on his employment as a civil servant in the Netherlands Antilles or its legal successor.
The Merx case contains all the elements of a good Broadway show. It’s the stuff that movies are made of.
The main character, a dapper and likeable senior public servant admired by many, makes a critical mistake driven by love, passion and jealousy, and has to contend with the judicial authorities who, in his and his lawyer’s view, are the evil geniuses in the plot, filled with allegations about dubious activities and backroom deals.
Merx, who had become renowned for his trademark black or Panama hat (depending on the occasion) and who, in some people’s view, had become a populist prosecutor, left office cloaked in controversy and allegations about administrative and other wrongdoings.
He was in charge of the Prosecutor’s Office from February 2001 until February 18, 2005, and formally until April 1, 2005. No wrongdoing
When Merx’s surprise departure was officially announced in early 2005, there were many rumours about the reason for his sudden departure. However, Attorney General of the Netherlands Antilles Dick Piar stated at the time that there had been no wrongdoing on Merx’s part and that “Merx himself” had opted to leave, ostensibly because of his poor health.
It became clear later that complaints about his functioning that had nothing to do with his health had already surfaced in December 2004 when, in a so-called “bad weather conversation” he was informed of the fact that Willemstad no longer had confidence in him.
The complaints against him had to do with the illegal transport of 1,500 kilos of cocaine, allowing armed Dutch police officers to operate in St. Martin, the early release of prisoners from detention against payment to government, carrying out illegal telephone taps, and the unauthorised use of a government-owned car.
On his return to the Netherlands, Merx worked as a Solicitor General at the Court in The Hague, a position which Piar noted could not be considered “a promotion,” but which, nevertheless, caused raised eyebrows in St. Maarten given the earlier pronouncements that he had left because of his poor health. His return
Equally surprising to many was the fact that the former Chief Prosecutor returned to St. Maarten in mid-September 2005 to work with Gibson and Associates, the law firm of then-minister of constitutional affairs Richard Gibson.
But more surprises were in store for the public. Merx was arrested on December 9, 2005, seven days before he was to be sworn in as an attorney, and was charged with forgery in connection with a request while he was Chief Prosecutor for the telephone records of his former girlfriend and her new friend.
He was also accused of having misused his power as Chief Prosecutor by coercing a colleague at the Prosecutor’s Office to make the written petitions for the telephone records, and of having threatened his ex-girlfriend and her friend with his firearm.
It must have been particularly galling for the former Chief Prosecutor that he ended up spending several days behind bars at the start of his journey through the judicial process as an accused facing criminal charges.
While he was behind bars contemplating the predicament in which he found himself, Richard Gibson Jr. withdrew as his attorney and was replaced by high-profile criminal attorney Jairo Bloem of Bergman, Bloem and Bergman law firm.
A Judge of Instruction at the Court of First Instance in Curaçao rejected Bloem’s first petition for Merx’s release filed on December 13, 2005, stating there were “indications of a reasonable suspicion that Merx could have committed forgery.”
Six days later (in time for Christmas) Merx was released from pre-trial detention, but the Judge of Instruction ordered that he deposit his passport at the Prosecutor’s Office and that he stay clear of his former female partner.
Shortly after being released, Merx hosted a press conference and explained that he had been “consumed by jealousy” when he made the requests for the telephone information of his former girlfriend and her friend.
“Insofar as these actions have tarnished or discredited the reputation of the Prosecutor’s Office, I truly lament this very much. I have always been a God-fearing person who has done his utmost to keep this office in a state of good standing and reputation,” he told the press.
He did not respond to allegations swirling around that he had participated in the burning of the former Prosecutor’s Office on Front Street. Trial
On the opening day of his trial on March 21, Merx said he had made a deal with the Prosecutor’s Office that he would not be prosecuted if he resigned and left St. Maarten, which he did in April 2005. Bloem filed a request to hear 11 witnesses who he said would be able to confirm this deal and clarify other matters. Among these witnesses were Attorney General Dick Piar and members of the Prosecutor’s Offices in Curaçao and St. Maarten, as well as Attorney General in The Hague Dato Steenhuis and Merx’s former girlfriend.
According to Prosecutor Gert Rip, no deals were ever made between Merx and the Prosecutor’s Office. He confronted the Court with the contents of an e-mail sent by Steenhuis in which it was stated that Merx had never been promised he would not be prosecuted.
However, according to Bloem, it is obvious that deals like these are not closed on paper, “because in cases like these, things are not dealt with in that way.”
Judge Rick Smid decided that only three witnesses needed to be heard: Piar, Prosecutor Johan de Vrieze and Acting Prosecutor Ludwina Sprok, who was Head of Administration and Secretary at the Prosecutor’s Office at the time. Impeccable stature
In his closing speech, Rip said Merx had violated the trust put in him. “A chief prosecutor needs to be of impeccable stature, as he is the man who is supposed to protect law and order. Based on personal motives he misused his power for his personal benefit, which has harmed the foundation of our legal system,” Rip said.
He held it against Merx that he was not showing remorse and was trying to play down the impact of his alleged crime. Merx said many requests had been filed by detectives and prosecutors to obtain telephone records without proper authorisation.
Bloem tried to convince the Judge that Merx had closed a deal with the leadership of the Prosecutor’s Office prior to his departure for the Netherlands. He further stated that the Prosecutor had made a mistake in indicting Merx for fraud instead of the lesser charge of having abused his power as a civil servant. Based on these arguments, Bloem requested that the Prosecutor’s case against Merx be declared inadmissible and that all charges be dropped.
Bloem has also requested that should the judge find his client guilty as charged, he should be spared a jail sentence.
Merx and all St. Maarten eagerly await the judge’s ruling today.
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