Maybe There is Some Freedom of Speech in Aruba … Maybe … DA Loses Law Suit to Diario and To Retire

The Aruban District Attorney (DA), Theresa Croes-Fernandes Pedra, has lost another case against the Diario Newspaper in the court of appeals. The Aruban DA and many officials in general have a difficult time understanding the difference between defamation and criticism.

She brought charges against Diario and two AVP-politicians, Arthur Dowers and Mike Eman, for defamation. 

The Court gave verdict in an appeal that DA Theresa Croes-Fernandes Pedra had filed against the acquittal of Diario.  The articles that Diario had placed rephrased the opinion of the two politicians, about the OM and the DA not being able to supervise the public administration, because they have insufficient independency and distance.  

The DA wanted the Court of First Instance to sentence that she pertinently felt offended by the statements in Diario and that the newspaper will have to rectify.

The DA felt offended? Can one imagine what the US courts would be like if every DA or politician felt offended by what a newspaper or media type stated as an opinion? How thin skinned could one possibly be? What a waste of a law suit with all the issues that Aruba has before it. Not only did the DA lose the law suit, but must pay for legal costs … code for the bill will be paid by the Aruban taxpayers.

With regard to Diario, the judge decided that reporting political opinion is part of the press-freedom.  In the appeal case against Diario, the Court decided to maintain the verdict in the lawsuit.  The DA lost the appeal and has to pay for the legal costs of the defendants.

The DA, Theresa Croes-Fernandes Pedra, will retire on January 1st, 2008. Isn’t this a common occurance of all the players that were once apart of the Natalee Holloway investigation.

ORANJESTAD – After a decision in her benefit on a dispute about her pension scheme, District Attorney (DA) Theresa Croes-Fernandes Pedra will retire on January 1st, 2008.

Attorney General Nico Jörg will temporarily take her place till September 2008, when a new DA is appointed.  In an interview with Amigoe, the DA said that she is relieved. 

DA looses case against Diario again, Amigoe February 15, 2007

ORANJESTAD – The District Attorney (DA) has also lost the case against morning paper Diario in the court of appeals.  She brought charges against Diario and two AVP-politicians, Arthur Dowers and Mike Eman, for defamation. 

The Court gave verdict in an appeal that DA Theresa Croes-Fernandes Pedra had filed against the acquittal of Diario.  The articles that Diario had placed rephrased the opinion of the two politicians, about the OM and the DA not being able to supervise the public administration, because they have insufficient independency and distance.   

The DA wanted the Court of First Instance to sentence that she pertinently felt offended by the statements in Diario and that the newspaper will have to rectify.  She lost that case and also the appeal; the politicians were already acquitted in January, because the judge decided that the politicians’ opinions were political.

With regard to Diario, the judge decided that reporting political opinion is part of the press-freedom.  In the appeal case against Diario, the Court decided to maintain the verdict in the lawsuit.  The DA lost the appeal and has to pay for the legal costs of the defendants. 

‘Relieved’ DA retires 

ORANJESTAD – After a decision in her benefit on a dispute about her pension scheme, District Attorney (DA) Theresa Croes-Fernandes Pedra will retire on January 1st, 2008.

Attorney General Nico Jörg will temporarily take her place till September 2008, when a new DA is appointed.  In an interview with Amigoe, the DA said that she is relieved. 

Two years ago she mentioned already that she wanted to stop working, but she stayed on to avoid a break in pension contributions.  Before she became a DA five years ago, she was a judge in the Joint Court of Justice.  During those years, she was required to take part in the Antillean pension fund; much against her will, because she wanted to stay with the Aruban pension fund, where she has been saving for her pension when she was still working for the Aruban government.  “The legal position of the members of the Public Prosecution (OM) is linked to that of the judges.  Some people do not want the Aruban judges to get a better position than the judges from Curacao, due to the fact that our judges can take part in the Aruban pension fund.”  She ultimately received her own scheme, whereby she can retire after 13 years of ‘obstacles’.