SXMElections.com

PHILIPSBURG--According to a leaked legal document, St. Maarten Housing Development Foundation (SMHDF) Director Henry Lynch's Attorney Cindy Marica, in defence of her client, has requested an injunction on January 16 against SMHDF, St. Maarten Housing Finance Foundation (SMHFF) and attorney Jairo Bloem for undue/unjustified suspension, and unrightfully taking a bag and other personal possessions.

In the injunction request to the Court of First Instance, Bloem was also blasted for writing an explanatory press release on the case which Marica called "incorrect" and "unjust." The case has caused "enormous damage" to his reputation, she argued.

The request calls for a public apology and correction, and suggested a penalty of some US $1,000 daily in the case of non-compliance. It also calls for the return of Lynch's bag, with the same suggested financial penalty, and a revocation of his suspension.

Bloem's press release had followed a separate press release by then Public Housing Minister Maurice Lake who asserted that the call for an investigation through Government Accounting Foundation SOAB had been "premature" and had been instigated by a lone SMHDF board member.

The news comes in the midst of an unclear legal situation as to whether Lynch and others from the management team have been legally suspended, pending an investigation into the foundation's operations.

The lack of clarity most recently prompted Democratic Party ((DP)) Member of Parliament (MP) Sarah Wescot-Williams to publicly demand answers from Government, published in The Daily Herald mid-January.

With regard to an unjustified suspension Marica made amongst other arguments that proper, structured procedures had not been followed for the suspension, unlike other decisions that have been made over the past four years.

Bloem was said to have had no right to suspend Lynch, as the decision would need to be taken by the board according to SMHDF statutes: A meeting should have been held with all members in attendance, and another one 2-4 weeks later if all were not present for the first meeting. A 2/3 majority backing is required. This did not happen and no resolution was received by Lynch, the document stated.

Furthermore, the statutes of SMHFF were said to not have stated that their board could implement a suspension.

Furthermore, Lynch should have been confronted with the allegations when he was able to defend himself before being suspended, and as opposed to Bloem's statement that he should be sent home so as to not impede an investigation, Lynch would not have been able to do so because the necessary information had already been made available.

The fact that the suspension time was unspecified was also called unfair, and issue was taken with the fact that after around six weeks, Lynch still did not know what his position is and why exactly he had been suspended.

With regard to unrightfully taking a bag and other personal possessions, Marica stated that Bloem went to Lynch's place of work, took the office keys from employee Emilio Kalmera, entered, and opened and took Lynch's personal bag containing his personal belongings without permission.

According to the document, Bloem was said to have kept the bag because it seemed to have contained non-personal documents, and that he had since then not given the bag back (as of the document dated January 16) despite multiple summations. Not having the bag is causing Lynch damage each day as it contains documents necessary for private business, tax reports and contracts, amongst other things.