Family questions handling of lawyers and demands transparency in Fernandez Pedra case

ORANJESTAD — Alex Matthew, representative of the family of S. Fernandez Pedra, has expressed serious concern about how the Public Prosecutor’s Office and the Court have handled legal representation in the criminal case surrounding the fatal accident that claimed two lives. During a press conference Monday morning, Matthew alleged that the names of at least two Curaçao attorneys were linked to the case without, according to him, their prior knowledge or consent to take it.

A recorded statement from Curaçao attorney Zahedi, presented by Matthew in connection with his allegations, adds an important element to the dispute. In the recording, Zahedi says he was never contacted and asked whether he was willing to take the case. “They never called me. Nobody ever asked me, ‘Are you willing to take the case?’” Zahedi says in the recording.

The attorney also indicates that he had not simply agreed to take an Aruba case and that handling a matter in Aruba would normally require coordination with a fellow attorney on the island. His statement raises further questions about how his name came to be associated with Fernandez Pedra’s legal representation.

Matthew is calling for greater transparency throughout the proceedings, including official recordings of court hearings, full access to the case file for the defense and a technical reconstruction of the accident.

According to Matthew, the problem concerning legal representation began in July when Fernandez Pedra appeared before the Court without an attorney and requested legal assistance. The case was later scheduled for August 20, but according to the family there was still no attorney actively preparing her defense.

TWO CURAÇAO ATTORNEYS

Matthew said that during the August 20 hearing it was stated that two Curaçao attorneys were available to take the case. According to him, however, neither ever contacted Fernandez Pedra. Zahedi’s recorded statement is significant in that context. The attorney says he was never approached to ask whether he was prepared to represent Fernandez Pedra. “They never notified me,” he says in the recording, adding that he had not agreed simply to take on the case without the proper process.

Regarding the second attorney mentioned, Matthew says there was likewise uncertainty over whether that attorney had actually accepted the case. “They said there were two lawyers, but those two lawyers never contacted Shania,” Matthew said.

The family representative questions how the lawyers’ names could later appear in decisions or documents if, according to him, it was never clearly established during the hearing that they had officially accepted Fernandez Pedra’s representation.

Matthew directly links the issue to his demand for court hearings to be recorded. He says the family has identified differences between what it remembers being said in court and what later appeared in the official record.

“We need recordings in court, at least audio,” Matthew said, so that it can later be verified exactly what was stated by the judge, prosecutor, suspect and attorneys.

THIRD LAWYER LESS THAN 24 HOURS BEFORE HEARING

Matthew said that on October 1, less than 24 hours before the next court hearing, a third attorney contacted Fernandez Pedra by videoconference.

According to Matthew, the lawyer said that the Public Prosecutor’s Office had already sent him the case file and that he was prepared to handle the case the following day.

That raised further concerns for the family.

“A lawyer does not have enough time to read all of that in one day. Never,” Matthew said.

According to him, Fernandez Pedra did not know the lawyer beforehand and had not personally selected him. The family therefore rejects the impression that Fernandez Pedra simply does not want legal representation.

Matthew says Fernandez Pedra wants an attorney who has sufficient time to review the entire file, speak with the client, determine what additional investigation is necessary and prepare a proper defense.

FAMILY SEEKS FULL RECONSTRUCTION

Another central demand is for a complete technical reconstruction of the accident.

Matthew maintains that aspects of the police file should be reviewed, including calculations relating to speed. He referred to a calculation that, according to his interpretation of the documents, could produce an unrealistic result of approximately 375 kilometers per hour.

Matthew did not present this as Fernandez Pedra’s actual speed, but as an example of a calculation which, in his view, illustrates why the technical evidence needs closer scrutiny.

He wants a reconstruction to examine speed, braking, nighttime visibility, the position and movement of the pedestrians, video footage and electronic data from the vehicle.

According to Matthew, information from the car’s “black box” or onboard electronic system could help determine when braking occurred and how the vehicle was moving immediately before impact.

“You have to look at the video, the black box, the time, the speed, the visibility and how the people crossed the road. Then you can reconstruct exactly what happened,” Matthew said.

He argues that the defense must have the opportunity to submit those investigative requests before the case is heard on its merits.

SERIOUS ALLEGATIONS AGAINST PROSECUTION

During the press conference, Matthew also expressed suspicion that things are happening “behind the scenes” in the case.

Asked directly whether he suspects complicity or some form of agreement between the Public Prosecutor’s Office and the judge, Matthew said he personally believes something is not right.

Matthew did not present independent evidence during the press conference establishing that a conspiracy or manipulation had taken place. The allegations therefore remain his suspicions and position as the family’s representative.

Matthew also argued that criticism of the Public Prosecutor’s Office does not come from him alone. He referred to local parliamentarians and politicians from different parties — including MEP, AVP and parties associated with the current government — who, according to him, have in other instances accused the prosecution service of corruption or questioned its conduct.

“It is not only Alex Matthew saying this. There are parliamentarians and politicians talking about corruption within the Public Prosecutor’s Office,” Matthew said.

He did not specify during the press conference exactly which statement by each politician he was referring to. Those political references also do not constitute proof of irregularities in the Fernandez Pedra case.

“WE ARE NOT ASKING FOR HER TO ESCAPE RESPONSIBILITY”

Matthew stressed that the family is not asking for Fernandez Pedra to escape responsibility if the Court ultimately finds her guilty.

“If she receives a sentence, she must serve her sentence. But give her a fair opportunity to defend herself,” Matthew said.

According to him, the main demand is that Fernandez Pedra receive legal representation with sufficient preparation time, that the defense be able to request additional investigation and that judicial proceedings be recorded so that what happened can later be verified.

Matthew says this is particularly important in a case that claimed two lives and has had a major impact on the community.

The case is scheduled to return to Court on November 4. Matthew questions whether a substantive hearing on that date is realistic if the defense still needs an attorney who can fully study the file and submit investigative requests.