Fighting Corruption – A Family Tradition?

While my experiences in dealing with corrupt and misguided public officials is not in the same magnitude as those that my father and my grandfather went through, I do take some pride in participating in something of a family tradition. Here’s what happened to my father and grandfather when they became caught up in the capricious application of laws designed to limit the assistance they could offer to clients. I must say, I do note quite a number of similarities in the way the regulators and the courts handled matters.

 

Jan Oldrich Mericka

Jan Oldrich Mericka

Austrian Legal Practitioner

My grandfather, Jan Oldrich Mericka was a popular lawyer in Vienna, Austria.  Having decided practice in a role similar to that of a barrister in common law countries, Jan made a name for himself as a very capable defence counsel.

Changes in the legal system, and the passing of tough migration laws, created difficulties for a number of Jan’s clients.  (Because they belonged to particular ethnic minority, these clients were severely disadvantaged, and sought to migrate to other countries.)

If members of this minority group wanted to migrate,  they had to hold visas for countries or states that would accept them. Their preferred destinations, England, Canada and the United States, would not grant the required visas, and so Jan was instructed to investigate other options.

Ruthless Regulator

Jan’s diligence resulted in his brokering an arrangement with the government of Ecuador, which issued visas to a number of Jan’s immediate clients.

Word of mouth referrals resulted in a number of enquiries and before long, Jan was processing large numbers of visas.  Unfortunately, this drew the attention of the regulator, who was of the view that, while the processing of a small number of visa applications was desirable (insofar as this gave the appearance that the regulator and the government were prepared to permit a small number of departures), the processing of “too many” was not.

Jan was advised by the regulator that his activities were not legal, but when Jan challenged the legal basis of the regulator’s assertions no more was said on the issue.  Encouraged by the regulator’s apparent acceptance of his arguments, and the regulator’s withdrawal from discussion on the matter, Jan continued to provide this service to his clients.

Unexpected Legal Action

In November of 1942, without any prior advice, forewarning or notice, legal action was launched.  Jan was accused of behaving illegally by “arranging” visas, rather than simply assisting clients for whom visas had already been arranged.

Jan Oldrich Mericka

Jan Oldrich Mericka

This argument did not take into account the desirability of allowing the clients to pay for their own travel, or the government’s purported desire to reduce the number of members of this ethnic minority.  It appeared that the real purpose behind the regulator’s action was to put a stop to a business that was providing assistance to a group of people whose interests, in the view of the government, were not important.

Court of injustice

According to my father, the court went through the motions of a trial to give the appearance that it was examining evidence and interpreting the law, but the decision was made before the hearing had even started.

It was inevitable that the hearing would go against the defendant, and there was nothing that anyone could say or do about it.

Lack of support

My grandfather was dismayed at first by the lack of support for his cause.  He had done all he could to assist his clients, and had a clear conscience about the work he had done for them, but being right was simply not good enough.

Eventually he realised that those from whom he expected support were more concerned about the difficulties he was creating by drawing attention to a very ugly issue – it was embarrassing and potentially dangerous.  Their preference was that the problem should be ignored, and the regulator placated.

Imprisonment

My father had been working in Jan’s office, in a role similar to that of an articled clerk, at the time of my Jan’s arrest, and both he and Jan were sent to Flossenburg prison.
My grandfather remained in Flossenburg from 1943 until he was liberated by American troops in 1945.
Flossenburg Concentration Camp

Flossenburg Concentration Camp

My father spent a short time in  Flossenburg before being transferred to another prison, just outside of Munich, called Dachau. He survived, but from things he told me, it’s a wonder that he did.

My father and grandfather moved to Czechoslovakia after the war, just as the communists were moving to take control, and was arrested for his anti-communist views.

My grandfather died in prison in 1946, supposedly of a heart attack.  My father told me that he did not believe that a heart attack was the cause of death, and that he was sure that my grandfather had been secretly executed. We have no way of knowing the the truth.

My father, having also experienced imprisonment under the communists, migrated to Australia.  After a stay at Bonegilla, he took a job on the Snowy Mountains Scheme.  He died in Darwin in 1986.

Conclusion

I have recounted the story of my  father’s and grandfather’s experience because I feel that I have now, albeit unwillingly,  become part of a family tradition.

Of course, my experience is paled into insignificance beside that of my father and his father, and I do not want to suggest that it is anything like that of victims of the NAZI regime.

I can say, however, that my experience has given me a much greater insight into the sense of betrayal and loss that my grandfather experienced at the hands of a ruthless regulator and a rotten justice system.

I certainly don’t want my own sons to see this horrible tradition passed on to another generation of Merickas.

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Peter Mericka
Lawyer and corruption whistleblower, blowing the whistle on corruption in Victoria's public service, judiciary and government. Corruption changes the rules!
Peter Mericka
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