Published On: Sat, Jun 27th, 2015

Marvelyne Wiels loses case against Ombudsman

Marvelyne WielsWILLEMSTAD - The court in Willemstad has ruled in the lawsuit filed by the Minister Plenipotentiary, Marvelyne Wiels against Ombudsman Alba Martijn and Curaçao. Wiels claimed in this case that the anonymous informants’ names in the preliminary report of Ombudsman Alba Martijn should be made known so that they may be heard under oath.

In the autumn of 2014, the Ombudsman, officially, and on her own-initiative, started an investigation into the actions of the Minister Plenipotentiary in The Hague. Reason for this investigation was that many in the community were claiming that Wiels does not have integrity and should not represent Curaçao in the Netherlands.

On March 29, the Ombudsman released a Memorandum of Preliminary Findings, showing that those doubts are based on "numerous comlaints from the community," "negative publicity" and "opinion pieces in local newspapers. In the findings, there are quotes from statements made by informants whose identities are not known, and two Dutch MPs, who remained anonymous.

In the lawsuit, which Wiels brought forth against the Ombudsman and Curaçao she demands that:

- That the informants' names are made known to her

- That it should receive the opportunity to hear these informants, whether or not under oath

- The need to maintain anonymity of informants must be proved by the Ombudsman

- That she will get full access to the documents from the file of the Ombudsman

- That she is given the chance to respond to the findings

- That the Ombudsman may not express a definitive judgment before these requirements are implemented.

Judge Beukenhorst came to the conclusion that,

Given the great freedom to act of the Ombudsman, the limited use of statements made by anonymous informants, which the ombudsman deemed necessary and saw the reasons not to disclose their identities, wrongdoing by the Ombudsman is not the case.

However, the demands made by Wiels were denied by Judge Beukenhorst. He stated that Marvelyne Wiels is inadmissible in her claims against the Ombudsman. He also ruled that Wiels should pay 2x NAf 1000 in legal costs.

Michael Bonapart of Soliana Bonapart & Aardenburg represented Ombudsman Alba Martijn in this case. The Government of Curaçao was assisted by Achim Henriquez. MarvelyneWiels was represented by Arjen van Rijn of De Clercq Lawyers in The Hague and Salina Helder of Inderson Lawyers.

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