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Merx to be held 10 days, Gibson Jr. withdraws
by The Daily Herald
Posted: Dec 14, 2005 15:51 UTC
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PHILIPSBURG - Former Chief Prosecutor Cor Merx will have to remain behind bars at least until next week Monday and Richard Gibson Jr., the attorney who represented him in the initial stages of his current legal battle, has withdrawn as his legal representative.
Merx’s defence is now being handled primarily by criminal lawyer Jairo Bloem of the law firm Bergman Bloem and Bergman. He explained that Gibson Jr. had held the brief in the initial stages because of the urgency of the matter and until Merx had an opportunity to decide on an attorney for his defence.
Merx is being held in the Pointe Blanche prison in an isolation cell where he is not allowed to communicate with the general population or have recreation. Bloem reported Merx as saying the fact that he had no privileges in the isolation cell was an added burden and his joints were being adversely affected by being cramped in the small room.
He is being held on allegations that he falsified documents to obtain the telephone records of his ex-girlfriend A.B. He is also accused of misusing his position in one way or another on more than one occasion.
The prosecution has until Monday to formally request an extension of Merx’s detention. He has been detained since Friday, December 9, on suspicion of fraud and misuse of his office during his tenure as prosecutor.
Bloem did not agree that Merx’s decision to select him, a high profile criminal lawyer, might be seen as an indication of guilt.
“I don’t know that I am the best criminal attorney on the island. But what I do believe is that a person should be able to get the best legal defence they can afford, as there are many people who have been jailed and are not guilty, but just did not have proper legal representation,” Bloem said.
He said his client had informed him that it was as simple as being a doctor and being sick: “You don’t operate on yourself. You try to get a good doctor to assist you.”
Bloem said there was nothing in the files against Merx regarding any of the allegations made in the media pertaining to construction companies or to insurance firms.
“I do believe that it is better not to comment on the statements made in the newspapers and that the case of Merx should, as it will, be fought out in court, not in the media,” Bloem told The Daily Herald Tuesday.
Merx’s case has gained international press attention and has prompted questions about the actions of Investigating Judge Manning who dealt with the request by the prosecution to extend Merx’s six-hour detention on Friday to two days.
The allegation is that Manning continued the process although the prosecution had not properly presented a request for Merx to be detained. The prosecution now has until Monday to prove that there is more than just a suspicion of wrongdoing on Merx’s part. If the investigating judge does not find any evidence, Merx will have to be released.
However, if there is further reason to believe Merx was involved in wrongdoing, the judge will be able to order that he be detained for another eight days.
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