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Questionably Mild

The Court has ruled in the case of former prosecutor Cor Merx. He was found guilty of forgery and serious misuse of his office. Few expected the Court to arrive at a different conclusion if only, because Merx himself admitted as much, when he claimed that jealousy had led him up the wrong path. The only question left was what punishment the Court would mete out. The answer was provided yesterday morning.

It should first of all be realised that the guilty verdict on the major accusations and resulting ruling is by itself a hard blow. It ends a career and casts a dark shadow over the man’s reputation.

Nevertheless, many first reactions called the ruling “very mild,” to say the least. A provisional jail term after all means no time to be spent behind bars unless more of the same behaviour occurs. Seeing that Merx is by the same ruling barred from performing as a Public Prosecutor in the Netherlands Antilles for five years (i.e. until he becomes a pensioner), such a repeat is not very likely. No jail for Merx then. An implication of the ruling, which will in turn not exactly boost the image of the administration of justice on the island: why would a servant of the law be allowed to get off so easy when showing so much disrespect for the law? Not an unreasonable question, we agree.

On a more positive note it must be observed that the ruling puts an end to the strong rumours of Merx being earmarked for the position of Attorney General of the new country St. Maarten. That rumour, true or not, is out of the window. What may be even more firmly on the table, however, is that “justice” should be an independent service taken care of by the Kingdom. Unwittingly Merx may have done the island a good service in that respect.

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