Gumbs reinstated, Dindial appointment invalid

November 24, 2010 3:28 PM

Edsel Gumbs, head of Curaçao's Intelligence Agency (formerly VNA of the Netherlands Antilles) must be given access to his office again. The three-month appointment of ex-Lt. Governor Lisa Dindial was declared invalid.

That's the ruling in a civil servant case of Gumbs against government, which had barred him from the premises and informed him that he would be dismissed and replaced.

The Court felt there were no concrete indications that Gumbs had been guilty of actions that constitute a dereliction of duty, so that he should not have been denied access, which is equal to a suspension. Also, because there is a good chance government's case also won't hold up in a regular court procedure, the decision must be held pending that case.

The same goes for the appointment of Dindial. Now that the suspension of Gumbs is considered unlawful, this appointment too must be reversed pending the regular court procedure.

Gumbs has an interest in the appointment of head of service, the Court ruled, because that procedure must comply with the rules in the Social Charter of country Curaçao.

The new MFK/PS/MAN no longer has confidence in Gumbs, because he would have leaked sensitive information related to the screening of candidate ministers. Guidelines for such had been established by the former Antillean Government on February 10 of this year.

The former VNA is charged with this investigation, which because of time constraints had not been completed when the Schotte Cabinet took office on 10-10-10. In consultation with and at the express request of Governor Frits Goedgedrag it continued afterward.

The Government must pay Gumbs' court expenses totalling 1,400 guilders. There is no possibility to appeal this ruling, so that the result of the regular court procedure must now be awaited.

24 November 2010

Gumbs was represented in these legal proceedings by attorney Melrose Bloem, while the attorney for the Government of Curacao was Eric de Vries of HBN law.