Court turns down request of a third lawyer for Mathews

ORANJESTAD — Last Friday, the Communal Court of Justice turned down the request from Alex and Liliana Mathew to add a third lawyer to their team.

The former managers of striptease club Foxy Lady requested revision of the decision but the Court stuck to its decision if only for practical considerations.

The couple suspected of human trafficking had submitted a request through their lawyer John Zara to have Baris Kizilocak added to their team.
Kizilocak, lawyer with the office of Bram Moszkowicz in Amsterdam, was to hear witnesses during the sessions today and tomorrow, instead of Moszkowicz, who is currently on holidays. However, last Friday the Court turned down the request to add Kizilocak to the team. The reason is unknown as yet.

The Amigoe contacted John Zara this morning but the latter indicated he could not make any comments on this case to the press.
In a letter sent to the Court immediately after the decision, the couple requested the Court to revise the decision. Moszkowicz is on holidays and Zara told them he was incapable of assisting them at the required level in the case and the hearing of witnesses. “We are entitled to the best defense we can get which is why we hired Moszkowicz and his office and we only want him or someone from his office to represent us during the hearings of July 11th and 12th.” An attempt was made to adjourn the hearings to a later date but the Court in First Instance refused this. Alex and Liliana Mathew state they will be at a disadvantage compared to the Public Prosecution (OM) if Moszkowicz or Kizilocak cannot represent them during these hearings.

On Saturday, Lisbeth Hoefdraad president of the Communal Court sent a letter in reply to the Mathew-couple. In the letter, Hoefdraad states she is of the opinion that a revision can only take place, ‘insofar such is possible, by a Court with the same composition’. Otherwise, Hoefdraad states, Mathew’s request would actually have the character of an internal appeal to a higher court than of a revision, “and that is not possible”, according to the president of the Court. Moreover, the Court is currently in recess. The recess lasts until August 8th and according to Hoefdraad, it is therefore impossible to get the Court in the same composition that had decided to turn down the request of adding Baris Kizilocak to Mathew’s team of lawyers. Hoefdraad points out to the Mathews that they actually work with a team of lawyers. “As you do have legal representation that could ask all relevant questions, I see no reason in other judges having to decide on your request. In view of that obligated composition, in this case with Mr. Zara as I understand, there is no question the defense could not properly question the witnesses to be heard,” said the president of the Court.

(Source: National Newspaper Amigoe)

12 July 2011

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