By John Springer
Court TV
The 1999 deaths of billionaire banker Edmond Safra and a private-duty nurse in a Monaco were a "terrible accident" and should not be prosecuted as intentional homicides, a New York man charged with setting the fire that killed them told an appeals court early this month. Ted Maher, a 43-year-old nurse who had been on Safra's personal staff, made the claim that the deaths were accidental in prepared remarks he read in a hearing May 3 before three judges. The court is expected to issue a key ruling within weeks which could determine whether Maher goes home to upstate New York soon or if he will spend much of the rest of his life imprisoned in the tiny French principality on the Mediterranean.
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| Edmond Safra |
A Monaco prosecutor asked the court at that closed-door hearing to uphold his decision to try Maher on charges of arson causing death. Maher's lawyers insist that although the defendant set a fire Dec. 3, 1999, in a wastepaper basket, he had no intention of harming anyone.
Prosecutors say Maher changed his story quickly and confessed that he merely wanted to look like a hero in his wealthy employer's eyes when he set the fire, stabbed himself and cooked up a story about confronting two hooded intruders. Maher's statement before the appeals court, which was obtained this week by Courttv.com, shows his frustration with a criminal justice system that his family claims is making Maher a scapegoat for the failure of police and firefighters to rescue Safra and nurse Vivian Torrente. Both died from toxic fumes spread by a fire inside Safra's fortified penthouse in Monaco. Before the fire gutted the penthouse, Maher stumbled bleeding from knife wounds into the lobby of Safra's bank building to report the fire. Firefighters, however, were kept from launching a rescue mission for more than an hour after Maher was taken to a hospital because police believed the intruders were still inside. "Today, I exercise my right to protest ...," Maher, with the support of his lawyers, began his remarks. "I fully realize how politically charged and biased this case has been. Does this justify a wrongful outcome of justice or to pass it along to others? Does this allow a blindness to the laws of the country?" Maher than hit on a point that some of the lawyers on his five-member legal team stressed in arguments to the judges. "Without the intent can there be a crime? I was involved in a terrible accident, in which I hold myself responsible for, to a point," Maher said. "So much time passed without intervention. I am no more an arsonist than anyone here. Is an accident a crime? No, it's not! And that is my main point. This is and always will be a terrible accident for numerous parties concerned — nothing more or less." Prosecutor Daniel Serdet could not be reached. Maher's lawyer in Monte Carlo, Donald Manasse, told Courttv.com after the hearing that the defendant was forceful and sincere while delivering his remarks to the court. "When he speaks for himself he comes off very sincere," Manasse said. "He basically says, 'I'm only a nurse and a father. This is all much great than me and I am very much concerned that this is a political thing.' " The death of Safra, one of the richest men in the world, touched of a legal battle between his widow, Lily Safra, and surviving brothers. The "brothers Safra," as they have become to be known in the European press, have been trying to get the pre-trial investigation to remain open out of a belief that perhaps Maher not act alone. Lily Safra's high-powered lawyer argued that there is no evidence that anyone other than Maher was responsible for the deaths. According to Manasse, the prosecutor's argument was that although he believes Maher did not intend to cause the death, he is nonetheless responsible for the consequences of his actions for setting the fire. Serdet argued that Maher should be forced to answer the more serious arson causing deaths charge in criminal court and not the French equivalent of involuntary manslaughter. If the judges rule that Maher can be prosecuted in criminal court, he could face life in prison if convicted. If the case is tried as a lesser crime in a correctional court, Maher would face only six years in prison. He has already been incarcerated for 30 months. At the hearing, Maher's lawyers argued that the investigation and statements Maher made to police in 1999 about being attacked by intruders should be nullified on numerous procedural grounds. Manasse said that he argued that the first examining magistrate, Patricia Richet, failed to properly advise Maher of his right to counsel before she interrogated him on the record. The appeals court recently held that suspects should even be interrogated at their initial appearances, only asked if they want to make a statement, Manasse said. Maher's lawyers also argued that a search of Maher's hotel room was illegal because he was not present and did not appoint a designee to be there. Although Maher's wife, Heidi Maher, was present for the search, Maher did not know that she was in Monaco. Heidi Maher claims that she was kidnapped by agents of Lily Safra and taken to a police station against her will so that her passport could be confiscated and shown to her husband to get him to confess. Maher has dropped his claim that he was attacked by intruders but his lawyers and wife say that without evidence he intended to harm Safra or Torrente, the more serious charge is neither appropriate nor legal. "Should the courts keep the arson charges against Ted, I will look forward to having Monaco, not Ted, on trial," Heidi Maher told Courttv.com. "[The defense] has prepared many worldwide experts to come into the trial to prove it was Monaco's police and firemen, not my husband, that killed Mr. Safra and Vivian Torrente. The same policemen that kidnapped both me and my brother to force Ted to confess. My husband was trying to save Mr. Safra and Vivian that night. The evidence clearly shows this. Monaco picked the wrong scapegoat. I will not give up my fight for showing the truth." The court did not indicate how soon it will rule. A correctional trial — held for the lesser charges — could he conducted as early as July, if the court rules that way. A criminal trial most likely could not begin until September at the earliest. Michael Griffith, a New York lawyer advising the defense, attended the hearing but was not permitted to address the court. We wanted them to know that if they do hold Ted to the higher charge, it's going to be a longer trial than they expected and we're going to put Monaco on trial," Griffith said. "If that happens people are going to find out that in Monaco it takes three years for an American to go to trial and when the wife goes over she gets kidnapped on the street." Griffith said he expects a ruling by late May or the first week of June.
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