PHILIPSBURG:--- Attorney at Law Cor Merx said in an invited comment that Member of Parliament Silvio Matser and his company Energizer N.V. has appealed the verdict that was rendered on January 7th, 2015 by the Court of First Instance against him and Energizer N.V.
Merx said that MP Silvio Matser will remain a Member of Parliament since the crimes under which Matser was convicted is not listed in article 50 of the country's constitution.
Merx said that article 50 is a two prong article which states that any Member of Parliament that is convicted under a list of crimes will lose his membership. Attorney Merx explained exactly how article 50 of the country's constitution applies. Article 50 (lid 1) of the Staatsregeling (Country Law) stated:Article 50
- A member of the States who has been sentenced in terms of an irrevocable judicial verdict to:
a. a term of imprisonment of not less than one year for the commission of an offence for which a national ordinance specifies that the court may also withdraw the right to vote as an ancillary punishment;
b. a term of imprisonment for the commission of an offense as described in Articles 183, 184, 372(2), 372(5), 373, 374(2), 374(3), 374(4), 375 to 379 inclusive, or 381 to 393 inclusive of the Penal Code; or
c. a term of imprisonment for the commission of an offense in connection with Article 46 of the Penal Code, shall lose membership of the States by operation of law and may not be re-elected or reappointed as a minister for the duration of the session of the States. - A member of the States shall be suspended by operation of law:
a. if he is in pre-trial detention in connection with an offence as described in paragraphs 1.a, 1.b or 1.c of this article;
b. if he has been sentenced by judicial verdict to a term of imprisonment for the commission of an offence as specified in paragraphs 1.a, 1.b or 1.c of this article the must be a Landsbesluit.
The point is in this part of the rules: which a national ordinance specifies that the court may also withdraw the right to vote as an ancillary punishment is what we are talking about.
Besides that: he will not be suspended but will lose his membership. Suspension comes up in an other article of article 50 (under section 2). Merx said that he does not have the right to decide whether or not Matser should stay in Parliament but his duty is to fully advise his clients.
Merx said tax evasion is not one of those crimes and several persons including politicians misunderstood the country's constitution. Merx further explained that both he and his client is waiting on the Court of Appeals to set a court date when the appeal case will be heard.
On January 7th, 2015 MP Silvio Matser was convicted to 24 months imprisonment, 18 of which are suspended with 240 hours of community service. His company Energizer N.V. was condemned to pay Naf. 4.5 million guilders in fines. Matser was charged with tax evasion to the amount of US $3.2 million in connection with non-payment of income tax, social security premiums for workers and turnover tax on behalf of his construction company.
It should be noted that MP Matser attended the Central Committee meeting of Parliament on Thursday. While at the House of Parliament Marshals from SZV showed up at the House of Parliament and served MP Matser with summons to pay the monies he owed to the country's medical insurance company.
