Former VDC-head Edsel Gumbs wins case

February 04, 2015 7:49 AM
WILLEMSTAD - Former Curaçao Security Service VDC head Edsel Gumbs has been vindicated by the court, which ruled that he should not have been fired based on incompetency or incapacity. However, he will not be able to return to his old job.
 
Gumbs was removed from his position as the local intelligence agency's director shortly after the first government of country Curaçao headed by then-Prime Minister Gerrit Schotte (MFK) took office in 2010. Both Schotte and the Minister of Justice at the time Elmer Wilsoe (PS) wanted him gone.
 
He was placed on non-active duty and finally received an honourable discharge per December 2013. However, his dismissal has been annulled by the court.
 
In the ruling a picture emerged where Schotte and Wilsoe deliberately tried to damage Gumbs' image to be able to put him aside. The court came to this conclusion after studying all the documents.
 
"Schotte did not put forth any argument showing that Gumbs was unsuitable or unable to lead the secret service. In October 2010, just after the new cabinet came to power and Schotte was sworn in as the country's prime minister, the need to dismiss Gumbs was argued. The media were used deliberately to create support for this."
 
It all started when Gumbs indicated to the former (and last) prime minister of the Netherlands Antilles that he was not able to perform a thorough screening of candidate ministers due to a lack of staff. He also made it known that he would continue with the screening of the new ministers after the constitutional changes of October 10, 2010.
 
Schotte stated that he was not aware of this. However, he had hoped the screening could be omitted, as there already was a completed questionnaire.
 
The prime minister was shocked when he found out that the agency continued digging for more information on the incoming ministers, especially as some issues had emerged during the ongoing investigations and screenings that could have had adverse consequences for the new cabinet. That was when both Schotte and Wilsoe decided to put Gumbs aside.
 
After the ruling, Gumbs indicated through his lawyer that he was satisfied with the verdict. He stated that his name had been cleared on all counts.
The ruling states that he is competent, capable and honest. There were no grounds to dismiss him from his position as Head of the Secret Service of Curaçao.
 
At the same time, no material damages were awarded. Gumbs had remained on the payroll and was able to use the service car up to December 2013, so the judge considered 12 months of net salary enough compensation.
 
Gumbs cannot return to his former post at VDC because of the "disturbed relations" and meanwhile has accepted another position in government.
Current Prime Minister Ivar Asjes (PS) said he would respect the ruling, although there were some questions that required explanation internally.
 
The Daily Herald
 
 
Read the judgement here. (in Dutch)
 
Edsel Gumbs was represented in this case by attorney Melrose Bloem of Melrose Bloem Law Offices. The Country Curacao was represented by attorneys Luigi Virginia and Esther van Veen of HBN Law.

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